The emergence of artificial intelligence (AI) systems has made urgent a question that would have seemed absurd to the drafters of the Federal Arbitration Act (FAA): whether algorithms might generate binding arbitral awards without human involvement. This two-part article concludes that, under the FAA as currently written, such awards cannot be enforced. Yet this article does not end with a negative prognosis for AI’s place in arbitration. Instead, it makes suggestions for legislative reform addressing informed consent, explainability, bias mitigation, accountability, and meaningful judicial review. This is part one of a two-part article.
(Reprinted with permission from the July-August 2026 edition of the The Journal of Robotics, Artificial Intelligence & Law. ©2026 Full Court Press, Fastcase, Inc. All rights reserved. Further duplication without permission is prohibited.)
*The views expressed are those of the author(s) and do not necessarily reflect the views of CCA or any other organization.
