2024年国际仲裁趋势年度回顾报告

Welcome to ourannual review ofthe top trends weexpect to shapethe internationalarbitrationlandscape overthe coming yearand beyond. Our international arbitrationspecialists from across our globalnetwork have identified 11 key trendsthat we predict will influence the fieldof international arbitration in 2024. Several overarching themes drivethese trends. Geopolitical andeconomic instability is a catalystfor disputes across many sectors,especially when combined withthe pursuit by many companiesof ambitious tech-related, energytransition and net zero goals. Environmental, social and governance (ESG) issuescontinue to loom large for businesses in transition,so ESG features prominently in several of the trends.Global macroeconomic factors, such as inflationand the increased cost of capital, are driving disputesacross multiple sectors. Sanctions-related issuesare increasingly prevalent for parties navigatingthe fallout of the Russia-Ukraine conflict andother conflicts as well. We hope these first-hand insights will helpyou plan your disputes strategies in 2024 andbeyond. We look forward to overcoming anyobstacles and maximizing your opportunitiesin this rapidly evolving landscape. Noiana Marigo Partner and Global Co-headof the International Arbitration Group Our report also investigates the risks and opportunitiespresented by recent developments in the practiceof international arbitration. How will artificialintelligence affect arbitration? How should recentarbitration-related court decisions inform disputesstrategies? What are the implications of reform ofthe UK Arbitration Act? How can investors navigatethe EU’s continued efforts to block intra-EUinvestment arbitration? If you would like to discuss any of the topics coveredin the report, please reach out to us, the authors ofthe trends or your usual Freshfields contact. Our team not only monitors these developmentsclosely but also plays an active role in shapingthought-leadership in the international arbitrationcommunity. We play a leading role in promotingdiversity with theEqual Representation in ArbitrationPledge, and greener arbitrations, with our supportof the Campaign for Greener Arbitrations. Boris Kasolowsky Global Co-head of theFreshfields InternationalArbitration Group Noiana Marigo Global Co-head of theFreshfields InternationalArbitration Group This is an exciting time for internationalarbitration. Numerous disruptive events aretransforming the process and expanding itsscope of application further and further. Boris KasolowskyPartner and Global Co-headof the International Arbitration Group. Ashley Jones Senior KnowledgeLawyer, InternationalArbitration Group Contents 01.Generative AI: opportunitiesand risks in arbitration VeronikaTimofeevaAssociate,Paris DesmondChongAssociate,Singapore MartaGarcia BelSenior Associate,New York ElliotFriedman Partner and Headof InternationalArbitration –Americas, New York AI is already used in many parts of arbitrationpractice, including in managing and reviewinglarge batches of documents and preparingchronologies. The rapid development of moreadvanced forms of AI, such as generative AI(GenAI) and large language models (LLMs),presents new opportunities and risks in thearbitration space. How can AI benefit international arbitration? AI is already being used in international arbitrationin several key areas. •Dispute prevention: AI is being used for contractmanagement and execution, mapping out potentialrisks, and even flagging contract breaches. In theconstruction industry, for example, AI is being usedto automate the design process, optimize schedulemanagement and cost estimation, and anticipatedelays and risks, which can help parties avoid ormitigate delay and disruption claims. The use of artificial intelligence (AI) in legal services isnot new. According to the2023 Wolters Kluwer FutureReady Lawyer Survey Report, 73 percent of surveyedlegal professionals expect to integrate GenAI into theirlegal work in 2024. Similarly, many companies areexpanding their use of GenAI in their operations andlegal departments. •Arbitrator selection: Existing AI tools can assistparties with arbitrator selection by synthesizingdata relating to past decisions, tendencies, andexpertise. We anticipate that new tools will soon bedeveloped that will dig even deeper into these andother factors, with the arbitrator selection processbecoming less subjective and word-of-mouth-basedand more objective and, hopefully, diverse. •Management of arbitration proceedings: Arbitralinstitutions such as the ICC and the AAA/ICDR areeither already using or are considering using AI toimprove internal processes, save time and costs, andenhance procedural efficiency in the managementof arbitration proceedings. •Drafting of awards: Several judges in differentjurisdictions, including in the UK, Colombia, Brazil,India andTaiwan, have reportedly used GenAIwhen drafting decisions, or are developing AI toolsto assist with judgment drafting.