Michael A. Fernández contributed commentary in the article “International Arbitration Experts Discuss The Major Challenges For Arbitration In 2026” for Mealey's International Arbitration Report. In this article, Michael discusses the challenges posed by artificial intelligence in international arbitration. “First, there is the risk that some parties may be tempted to use AI to generate evidence of dubious origins. Because the general proclivity of many arbitrators is to admit evidence, there is a growing risk that decisions will be made on the basis of unauthentic documents and/or recordings,” said Michael. “Similarly, there is the further risk that parties will use AI to prepare memorials and submissions without verification, resulting in inappropriate reliance on hallucinated caselaw, etc.” He added, “second, there is a risk to the integrity of the arbitral process stemming from arbitrator use of AI. In that regard, there may be cases where parties challenge awards based on allegations that an arbitrator ‘outsourced’ their reasoning to AI.”
He also commented on the challenges created by geopolitical tensions. “While AI is likely to generate significant challenges for practitioners—and eventually reshape arbitral practice in the medium to long term—the shifts occurring in international trade (i.e., the potential for trade deals that exclude the U.S.) are going to have a significant impact on where disputes arise and as between whom,” said Michael. “This may result in new ‘players’ joining the international arbitration area, which will generate friction for a system that has largely enjoyed relative stability.”
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