According to experts gathered at the XI CAM-CCBC Congress, the major challenge will be striking the right balance between transparency and confidentiality

By Silvia Pimentel

Artificial intelligence is an irreversible path that will shape the future of arbitration. It is essential to leverage the advantages of this technology in managing arbitration procedures, time management, document preparation, and legal research while understanding that AI is meant to enhance processes and not to make decisions—an authority that will always remain in the hands of arbitrators.

This reflection was shared by keynote speaker Carlos Forbes, former president of CAM-CCBC (Center for Arbitration and Mediation of the Brazil-Canada Chamber of Commerce) and a member of the International Council for Commercial Arbitration (ICCA), to an audience of around 600 national and international arbitration professionals during the lecture “The Past and Future of Arbitration” at the “XI CAM-CCBC Arbitration Congress | 17th IFCAI Biennial Conference,” which took place in São Paulo on October 14-15.

A lawyer and arbitrator specializing in disputes involving civil, corporate, commercial, and regulatory law, Forbes emphasized that AI poses significant challenges for arbitration over the next ten years and that the technology should be cautiously embraced by the arbitration community, lest it influence judgments and thereby weaken the legitimacy of the processes. “Arbitral institutions will act as guardians in this process, working to maintain trust in systems and the use of AI with balance to avoid unforeseen consequences,” he highlighted.

A Renowned Selection of Arbitrators

Opening the second day of the event, Ismail Selim, director of the Cairo Regional Center for International Commercial Arbitration (CRCICA) and president of the International Federation of Commercial Arbitration Institutions (IFCAI), compared the success and consolidation of arbitration in Brazil to football. “The country has transformed the game into art, with one of the best successful teams in the world. It has been the same in international arbitration,” he noted.

In Selim’s view, the future will see a strong emphasis on transparency entering the agenda of arbitral institutions, which have grown alongside economic development, offering a safe environment to resolve disputes while mastering the art of minimizing the risks of annulment of awards.

Partnerships

Speaking of transparency, CAM-CCBC president Rodrigo Garcia da Fonseca took the opportunity of the Congress to formalize a partnership with the Jus Mundi platform, specializing in legal technology, aiming to publish AI-generated summaries of arbitration awards, ensuring public access to arbitration decisions while maintaining the anonymity of the parties involved.

“There is a growing demand from society for more transparency, and we are attentive to that. This is a significant initiative that will bring clarity to how cases are being decided in arbitration without compromising the confidentiality of the processes,” he assured.

During the event, Rodrigo Garcia da Fonseca also announced ongoing and future initiatives of CAM-CCBC, such as launching a unique collection of arbitration awards from cases handled by the institution, organizing a collaborative book focused on mediation and public administration, and strengthening partnerships with institutions committed to promoting ADRs (Alternative Dispute Resolutions).

Panels

In addition to two keynote speeches on the future of arbitration and the new generation of arbitrators, the event featured six panels addressing topics such as the use of arbitration in disputes involving investment funds and airport concessions, the impact of media on international arbitration, financial rebalancing of contracts, the duty of disclosure by arbitrators, and evidence production in arbitration.

The XI CAM-CCBC Arbitration Congress also included the institution’s vice presidents, Silvia Pachikoski and Ricardo de Carvalho Aprigliano.