Kluwer: Should Arbitrators Disclose Their ChatGPT History? Peru’s New AI Regulation, Algorithmic Bias, and Impartiality

This story begins with efficiency. An arbitral tribunal, overwhelmed by thousands of pages of submissions and expert reports, turns to an AI system to generate insights and streamline its deliberations. The tool promises speed, precision, and analytical consistency.

Days earlier, however, one of the arbitrators had used that same system to summarize the claimant’s statement of claim. The algorithm remembered. When later asked to assess causation and quantify damages, it subtly privileged the claimant’s framing of the facts.