Kluwer: Is Arbitration a Probabilistic Game? Some Reflections on the Potential Use-Case for AI/ML in Expert Damages Evidence

Choosing an arbitrator is not just about experience and credentials, but it is also about intuition, signalling, and strategic alignment. It is about loading the dice.

The same is true in liability. Counsel’s role is to persuade the Tribunal that their client’s account of the facts and law is the more persuasive and probable one.

But is this probabilistic framing taken into the damages phase? That could be a missed opportunity.