NSW Chief Justice warns arbitrators about deepfakes, AI fabrications and risky delegation

While Australia’s courts and tribunals have been guideline-driven and moved cautiously in their approach to GenAI, NSW Chief Justice Andrew Bell says he fears this might change, given the pace at which AI technology is developing.

In a recent keynote speech (attached) to an International Arbitration Conference, Bell said the arbitration community, in particular, had “displayed reticence” about adopting new technological advance for fear that awards might be set aside or not enforced. However, the threat of regulatory competition from jurisdictions such as China and Singapore might increase the pressure to “modernise” arbitration law.

Bell said he recognised that parties use GenAI in both domestic and international arbitrations for efficiency. It was assisting lawyers with case management, legal research and drafting, document review and production, selecting suitable experts, counsel and arbitrators, transcripts and translation services, outcome prediction and settlement proposals.

But for arbitrations he was concerned about two specific categories of risk: fabrication and delegation.