Viktoriia Babaievska

Topic: AI in Cross-Border Litigation and Arbitration

Objective: To analyse the growing use of artificial intelligence in judicial and arbitral decision-making, with a particular focus on cross-border disputes. The research will explore how different jurisdictions and arbitration institutions regulate the use of AI in proceedings, address enforcement challenges when AI tools are involved, and manage issues related to bias, privacy, and transparency.

Outcome: A comparative policy analysis or white paper identifying key legal and ethical challenges in the use of AI for cross-border litigation and arbitration, with recommendations for developing international guidelines on transparency, accountability, and fairness in AI-assisted dispute resolution.

Abstract: Artificial intelligence (AI) is increasingly being integrated into cross-border litigation and international arbitration, creating both new opportunities and significant legal challenges. This article examines the main categories of AI tools used in dispute resolution and analyses their practical implementation across selected jurisdictions. Through a comparative assessment of the United States, China, and the European Union (represented by the case of Estonia), it explores whether AI is currently used primarily as a supportive and decision-support tool or whether developments are moving towards automated decision-making. The article analyses practical examples of AI deployment in courts and arbitration, the legal and institutional frameworks governing their use, and the benefits and risks associated with AI-assisted dispute resolution. It further examines the implications of AI for cross-border proceedings, including questions relating to the recognition and enforcement of judgments and arbitral awards. The analysis suggests that, despite different regulatory approaches, the prevailing model remains a hybrid one in which judges and arbitrators retain responsibility for decision-making while AI functions primarily as a supportive tool. The article concludes by proposing policy recommendations for the responsible governance of AI in cross-border dispute resolution.