Kluwer: The Other AI Problem in Arbitration: When AI Makes the Record Too Big to Read

Artificial intelligence (“AI”) can undermine arbitral decision-making in two different ways. It can do too much of the arbitrator’s work, replacing the personal reasoning the parties selected the tribunal to provide. Or it can create so much work that meaningful personal engagement with the record becomes practically impossible. The first is a delegation problem. The second is an overload problem. Both threaten the same thing: the arbitrator’s personal mandate.

The Québec Superior Court’s decision in ARIHQ v Santé Québec (“Québec”) illustrates the first risk.