08/05/2026
The growing use of artificial intelligence (“AI”) tools in recent years made it natural to incorporate such tools to a wide range of legal fields, including arbitration. However, in light of certain specific characteristics of arbitration – such as confidentiality – the debate surrounding the use of AI takes on its own unique dimensions and requires careful consideration.
At a recent lecture held on April 24, 2026, at the headquarters of the São Paulo Lawyers Association (“Associação dos Advogados de São Paulo” or “AASP”), participants analyzed “The Impact of Artificial Intelligence on the Practice of Law”, with a particular focus on the latest empirical data published by the School of International Arbitration at Queen Mary University of London, in its International Arbitration Survey.
Comparative analysis of the data published in previous editions of the survey reveals a significant shift in the perception of AI among arbitration experts. In 2018, 68% of respondents stated never having used this technology; in 2021, this scenario began to change, with 59% reporting using it rarely; and, by 2025, the survey indicates that the use of AI is expected to increase exponentially over the next five years.
In light of these findings, the discussion focused on the main applications of AI in arbitration, including legal research, data analysis, and summarization of parties’ arguments. Despite the benefits of this technology – such as increased efficiency and cost reduction – the use of these tools is not without risks.
Among the main concerns regarding the use of AI in arbitration, data leaks, hallucinations, algorithmic biases, and the need for greater caution regarding the human factor during deliberations were highlighted.
Given this scenario, the panel emphasized the importance of self-regulatory mechanisms in arbitration, particularly through the creation of guidelines and recommendations – commonly referred to as soft law – regarding the use of AI in arbitration. Examples of this include Administrative Guidance No. 07/2025 issued by the Center for Arbitration and Mediation of the Chamber of Commerce Brazil-Canada (“CAM-CCBC”), and the Guidelines on the Use of AI in Arbitration of the Chartered Institute of Arbitrators (“CIArb”).
Thus, it is clear that the intersection between AI and arbitration will remain one of the most relevant and challenging issues in legal practice.
L.O. Baptista Advogados’ Dispute Resolution team, which has extensive experience in domestic and international arbitration, closely monitors advances in the use of new technologies in arbitration practice and remains available to assist clients in risk analysis and the adoption of strategies that ensure efficient and secure use of these tools.
Co-authored by: Silvia Rodrigues Pachikoski, Mariana Dias Sallowicz, Vitória Carolina de Morais Almeida, José Victor Palazzi Zakia and Julia Guimarães Rossetto
