Artificial Intelligence in Investor State Dispute Settlement: A New World of Ethical Challenges for Legal Stakeholders?

Abstract

This chapter discusses how the use of Artificial Intelligence (AI) has permeated professional practice in the legal world as a whole, using a range of examples to illustrate its use, specifically in the international arbitration field. Examining the challenges currently presented by AI, and its flaws, leads to reflections on the need to be able to count on hard or soft law texts that address AI-generated ethical challenges. After arguing in favour of a regulatory approach in the Investor State Dispute Settlement (ISDS) context, the chapter also contains a detailed legal analysis of recent initiatives such as the SVAMC Guidelines on the Use of Artificial Intelligence in International Arbitration.

Keywords: International Economic Law, International Arbitration, Investor State Dispute Settlement (ISDS), Artificial Intelligence (AI), Ethics, Technology, International Law