Artificial Intelligence and the Selection of Investment Arbitrators

Like other areas of law and legal practice, the arbitration world is beginning to grapple with how to harness the potential of artificial intelligence (AI) while managing its risks. Analogizing to existing AI tools for analysing case law and judicial behavior, as well as to algorithmic hiring applications, this chapter explores how similar technology could be used to improve the process of selecting investment arbitrators. As criticisms of investment arbitration continue to mount, a new selection tool could help to address systemic concerns about fairness, diversity, and legitimacy. Such a tool could level the playing field for parties in terms of access to information about prospective arbitrators as well as expand and diversify the pool of viable candidates. In addition to providing guidance for the parties making their own selections, the suggested tool could be used by arbitral institutions to help with appointing the tribunal president or even, with the parties’ consent, the entire panel. The chapter provides a framework for thinking through questions of design and implementation and concludes by addressing potential challenges and objections.