Article on the EU’s new Artificial Intelligence Act and its implications on arbitrators using AI systems in commercial arbitrations

Avance Partner Minna Katajoki has authored an article for Defensor Legis (No. 2/2024), a law journal published by the Finnish Bar Association since year 1920.

The article discusses the implications of the Artificial Intelligence Act (AI Act) on arbitrators who use AI systems in commercial arbitrations conducted in accordance with the Finnish Arbitration Act (967/1992) or the Arbitration Rules of the Finland Chamber of Commerce (FAI Rules). It finds that arbitrators using AI systems in this context are considered as ‘deployers’ under the AI Act. Should the deployed AI systems be classified as high-risk, the AI Act imposes particular obligations on the arbitrators. The article explores how it is determined whether an AI system is considered as high-risk, and what are the main obligations associated with the use of high-risk AI systems. Finally, potential consequences of non-compliance with these obligations are briefly addressed. The article is intended to spark discussion on this topical matter and offer some insights into how arbitrators might navigate the forthcoming regulatory landscape and ensure that they are respecting parties’ fundamental rights when embracing new technologies.

The full article (in Finnish) is available here. Upon request, we are happy to share an English version of the text.