THE AUTHORS:
Mohammed Khamisa KC, Shareholder, Greenberg Traurig.
Leith Ben Ammar, Of Counsel at Greenberg Traurig
Johnny Shearman, Group Practice Lawyer at Greenberg Traurig
London Chamber of Arbitration and Mediation, LCAM
The London Chamber of Arbitration and Mediation (LCAM) and Greenberg Traurig London have partnered on a series of articles looking at arbitration and emerging technologies. This easy to digest series provides an introduction to technologies such as smart legal contracts, generative AI, virtual and augmented reality and big data and considers their interplay with international arbitration. In collaboration with LCAM the series is edited by Leith Ben Ammar FCIArb and Johnny Shearman of Greenberg Traurig.
Artificial intelligence (AI) is widely in use today, and it has been for some time. In truth, AI is an umbrella term and, more recently, “generative AI” has been capturing the headlines. Generative AI uses natural language processing, whereby it will generate a response to a question in a manner expected from a human.
For several years now, the machine learning element of AI has been deployed in law and dispute resolution. You only need to look at the eDiscovery tools available and the continuous active learning models deployed to assess what documents, compared to others, are more likely to be relevant to the underlying dispute. In particular, international arbitration lawyers have become accustomed to predictive coding, especially in data-heavy sectors such as construction where the number of potentially relevant documents can sometimes exceed 50 million.
In this regard, AI is helping us tackle the issue of ever-increasing data volumes – a problem created in large part by our increasing reliance on technology. Generative AI is unlocking massive datasets – whether they are a party’s data collections or datasets of judicial precedents – and allowing us to interrogate and question them in a way that feels familiar. In essence, generative AI is giving data a voice.
However, whilst AI has the potential to access data in a way that is quick and easy to use, it is important to understand the limitations of AI and whether those limitations are the result of the underlying dataset, or the learning models it is using to interpret the data, which have been programmed by a human.
The UK is aiming to play a leading role with respect to AI safety and hosted the first global summit on AI safety in November 2023. The EU, United States and China have all unveiled plans to regulate and govern the use of AI, and the G7 is expected to follow suit. Whilst the perils of AI and how to regulate it are still being grappled with, according to the UK government, the AI sector contributes £3.7 billion to the UK economy alone and employs 50,000 people across the country.
However, as global bodies battle it out to become the regulator of choice, adequately coded and properly trained generative AI is expected to provide an invaluable resource to the arbitration practitioners of today and tomorrow. Beyond eDiscovery, AI has the potential to become an integral part of legal research, arbitrator selection and precedent-based first drafts of arbitration documents.
Those arbitral bodies wanting to achieve fast, cost-effective dispute resolution for businesses have the opportunity to utilise and harness the use of AI, whether through its own functions or the processes it governs. Critically, users of this technology should proceed cautiously, so as not to jeopardise the integrity of the arbitral process. The limitations of AI must be properly understood and accounted for, including the potential for bias and inaccuracies. We have already seen a situation in the United States, where an attorney was reprimanded for lodging submissions with the court that were written using generative AI and cited names of cases that neither the Judge nor opposing counsel could find and were considered fictitious.
ABOUT THE AUTHORS:
Mohammed Khamisa KC focuses his practice on international commercial litigation and arbitration (LCIA/ICC/SIAC/UNCITRAL rules/Ad hoc), concentrating on complex multi-jurisdictional cases which often involve fraud, particularly within the banking and financial services sectors. Mohammed was made Queen’s Counsel in 2006 (King’s Counsel 2022). His range of experience across jurisdictions means that he is frequently retained to manage and advise on legal issues of the most sensitive nature. With combined experience of 36 years at the English Bar and Greenberg Traurig, encapsulating many aspects of Commercial Fraud (including white collar-prosecution and defence), formerly Leading Counsel on the panel of the Serious Fraud Office (SFO) and other financial regulatory compliance, Mohammed frequently leads and manages teams of lawyers, accountants, forensic experts, and other professionals as part of an investigatory team. He sits as a Recorder of the Crown Court and County Court and is a Panel Deemster of the High Court and Court of Appeal of the Isle of Man. He also Chairs the Bar Standards Summary Disciplinary Panel.
Leith Ben Ammar FCIArb is Of Counsel and Co-Chair of Greenberg Traurig’s London office Ability Network. His practice focuses on complex, high value and sensitive international dispute resolution. Leith is a qualified arbitrator and Fellow of the Chartered Institute of Arbitrators. As counsel, he represents clients from Europe, Africa, Asia, America and the Middle East across multiple sectors. He has particular experience in disputes involving very large and technologically complex infrastructure, energy and real estate projects in emerging markets. Leith also has in-depth knowledge of legal issues involving international arbitration and emerging technology. He is the Co-Chair of ENERAP’s UK Chapter, a former supporting expert at the University of Oxford’s Entrepreneurship Centre and an alumnus of its Blockchain Strategy Programme.
Johnny Shearman is a Group Practice Lawyer at Greenberg Traurig LLP. Johnny is dispute resolution lawyer and has gained significant experience in handling a broad spectrum of domestic and international disputes. His legal knowledge encompasses complex contractual and tortious disputes, civil fraud and asset recovery, banking and professional negligence litigation and contentious insolvency matters. His experience includes disputes at all levels from County Court to Supreme Court proceedings, as well as international arbitration.
London Chamber of Arbitration and Mediation, LCAM, is part of the London Chamber of Commerce and Industry (“LCCI”) but independent in its administration of disputes. LCAM was launched to provide innovative, speedy, and cost effective services to help resolve commercial disputes. LCAM offers arbitration, expedited arbitration, and mediation services delivered by a diverse panel with many years’ experience in alternative dispute resolution. LCAM’s Model Mediation Procedure provides a framework for an effective and confidential mediation process. Oversight is provided by the LCAM Advisory Board. Fees are fixed, providing cost-certainty and good value without compromising quality.
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