Court document · Arbitration & Alternative Dispute Resolution

Procedural order (or party agreement) on the use of AI in the arbitration

An original procedural order regulating AI in an arbitration: confidentiality of inputs, disclosure of high-impact uses in evidence and expert reports, verification of authorities, the tribunal's own use of AI, and remedies for non-compliance.

Kind
Court document. A document filed or served in a court or tribunal.
Where it applies
Australia, New South Wales, International / cross-border
AI use
Yellow AI can help in set ways. A lawyer checks specific points before use.
Law stated as at
17 October 2026
Status
Maintained. Checked on 17 October 2026 against the 6 authorities it cites, for Australia, New South Wales and International / cross-border.
Version
1
Source
Written for this library

When to use it

Propose it for the first procedural meeting of any arbitration where parties, counsel, experts or the tribunal may use AI tools. It can be adopted as a party agreement before the tribunal is constituted. Adapt it to any mandatory law of the seat and the institution's rules.

How AI may be used

This order exists to control AI use. A tool may help adapt it to the arbitration, but the categories of permitted and high-impact use, the confidentiality settings and the tribunal's own use must be settled by counsel and the tribunal.

AI may

  • Adapt the order's defined terms and cross-references to the rules and seat
  • Compare the draft with the parties' competing proposals and list differences
  • Prepare the AI disclosure statement form in Annex A for each party

AI must not

  • Must not decide which uses are permitted or high-impact
  • Must not be given the other party's documents or the hearing transcript to "test" the order
  • Must not be used by the tribunal to draft any part of its reasoning or award

The lawyer checks

  • The order is consistent with the arbitration agreement, the institution's rules and the law of the seat
  • Confidentiality conditions match the tools the client actually uses
  • Disclosure obligations are workable for the client's witnesses and experts
  • The tribunal's own commitments are recorded and acceptable to the client

Method: how the Green, Yellow and Red levels are decided. This is guidance for planning, not legal advice.

Authorities

Official form

Open the official form. Always use the current version from the issuer.

Read the full text

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