Originally from Alternatives to the High Cost of Litigation

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Much has been written on the possible benefits of generative artificial intelligence to arbitration.

While generative AI can bring significant benefits to arbitration, it can also pose risks that threaten the integrity of the arbitration process. Chief among those is the threat of “deepfakes,” which are images or recordings that have been created or edited by AI to appear genuine to the naked eye.

Indeed, a recent survey regarding the risk of AI in international arbitration showed that most participants viewed deepfakes as the biggest risk generative AI poses to arbitration. Annual Arbitration Survey 2023, “AI in IA—The Rise in Machine Learning,” Bryan Cave Leighton Paisner (Nov. 9, 2023) (available at https://bit.ly/4ewtIH0). While several possible risks can emanate from deepfakes, this article focuses on the impact deepfakes could have on video evidence in international arbitration and suggests ways to address deepfakes in international arbitration.