Experienced arbitrators and counsel well know that the FAA provides that an award may be vacated where it was procured by “undue means,” or the arbitrator was guilty of “misbehavior,” or “imperfectly executed” his or her powers. 9 U.S.C. § 10 (a)(1), (3), and (4). If you have thought to yourself that “nothing like that will ever happen to me,” using generative AI should make you think again as illustrated by three 2025 appellate cases in which non-existent cases were cited. In Kohls v. …
Artificial Intelligence (AI)
Guiding the Way Through A.I. in Arbitration
Artificial intelligence (“A.I.”) is the hot topic of the day. A.I. holds the potential to dramatically change our lives - for better or worse - as it rapidly develops and is implemented in new ways. A.I. is already used by parties, counsel, experts and Arbitrators for tasks ranging from selecting arbitrators, to analyzing documents, to researching the law, to [oh no!] drafting briefs, orders and awards. Sometimes the generated results are painfully wrong, producing so-called hallucinations, …