---
title: "Procedural order (or party agreement) on the use of AI in the arbitration"
url: "https://ailawframework.com/precedents/arbitration-and-alternative-dispute-resolution/procedural-order-on-use-of-ai"
type: "precedent"
site: "AI Law Framework"
id: "a6-procedural-order-on-use-of-ai"
area_id: "A6"
kind: "court-document"
ai_level: "yellow"
version: 1
law_stated_as_at: "2026-10-17"
---

# 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…

Canonical page: https://ailawframework.com/precedents/arbitration-and-alternative-dispute-resolution/procedural-order-on-use-of-ai  
Law stated as at: 2026-10-17

Site index for agents: https://ailawframework.com/llms.txt

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.

## Key facts

- Kind: Court document. A document filed or served in a court or tribunal.
- Practice area: [Arbitration & Alternative Dispute Resolution](https://ailawframework.com/precedents/arbitration-and-alternative-dispute-resolution.md)
- Jurisdictions: Australia, New South Wales, International / cross-border
- AI level: Yellow. AI can help in set ways. A lawyer checks specific points before use.
- Law stated as at: 2026-10-17
- Status: Maintained. Checked on 2026-10-17 against the 6 authorities it cites, for Australia, New South Wales and International / cross-border.

## 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

## Authorities

- [International Arbitration Act 1974 (Cth) Sch 2 (UNCITRAL Model Law) art 19](https://www.legislation.gov.au/C2004A00192/latest/text)
- [International Arbitration Act 1974 (Cth) ss 22, 23C](https://www.legislation.gov.au/C2004A00192/latest/text)
- [Commercial Arbitration Act 2010 (NSW) ss 19, 27E](https://legislation.nsw.gov.au/view/html/inforce/current/act-2010-061)
- [ACICA Arbitration Rules 2021, art 26](https://acica.org.au/wp-content/uploads/2022/11/ACICA_Rules_2021-WFF7.pdf)
- [Chartered Institute of Arbitrators, Guideline on the Use of AI in Arbitration (2025)](https://www.ciarb.org/news-listing/ciarb-launches-guideline-on-the-use-of-ai-in-arbitration/)
- [Silicon Valley Arbitration & Mediation Center, Guidelines on the Use of Artificial Intelligence in Arbitration (30 April 2024)](https://svamc.org/wp-content/uploads/SVAMC-AI-Guidelines-First-Edition.pdf)

## Official form

[Official form](https://www.ciarb.org/news-listing/ciarb-launches-guideline-on-the-use-of-ai-in-arbitration/)

## Full text and drafting notes

The full text and the drafting notes are not part of this public page. Signed-in firm accounts can read them at https://ailawframework.com/precedents/arbitration-and-alternative-dispute-resolution/procedural-order-on-use-of-ai and through the signed-in MCP connector https://ailawframework.com/mcp/firm.

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*