Battling Deepfakes in Arbitration: Safeguarding Integrity in the AI Era

Artificial intelligence is transforming nearly every aspect of the legal system — and alternative dispute resolution (ADR) is no exception. As AI-generated images, documents, audio, and video become more sophisticated, arbitrators are beginning to confront the disturbing rise of deepfakes: forgeries that are difficult to detect and potentially devastating to the integrity of the process.

While courts have started to develop evidentiary procedures to address AI-related fraud, arbitration presents a more complex challenge. By design, arbitration emphasizes speed, efficiency, and confidentiality — with limited discovery and no traditional evidentiary gatekeeping. That streamlined structure, while often beneficial, leaves arbitrators more vulnerable to abuse through fabricated or manipulated AI-generated content.

Recognizing this emerging threat, the Silicon Valley Arbitration and Mediation Center (SVAMC) recently released its “Guidelines on the Use of Artificial Intelligence in Arbitration.” The publication aims to preserve the fairness and credibility of arbitration in a rapidly evolving technological landscape.

The Growing Risk of Deepfakes in ADR

The risk posed by deepfakes is not theoretical. With only minimal training data, generative AI tools can fabricate emails, contracts, videos, or voice recordings that mimic real people and real evidence. In arbitration — where discovery is narrow, document production is limited, and proceedings are often private — these tools can be misused to distort the factual record.

Unlike in court, there is typically no opportunity for forensic examination or cross-examination under oath. Arbitrators are expected to efficiently weigh the available evidence and render decisions. But what happens when that evidence is fake? Worse still, what if it appears legitimate on its face?

As AI becomes easier to use and more capable, arbitrators and advocates alike must become more vigilant. The integrity of arbitration depends on trust — and that trust is vulnerable in the face of AI deception.

SVAMC Issues Seven Guidelines to Address AI in Arbitration

To meet these challenges head-on, the SVAMC released a concise but impactful set of seven guidelines. Though non-binding, these principles are intended to inform best practices for arbitrators, counsel, and parties engaged in arbitration proceedings. Key aspects include:

1. Human Responsibility

Regardless of how AI tools are used — whether to draft arguments, summarize evidence, or assist with procedural tasks — humans are ultimately accountable for the output. Parties and advocates must not rely on AI-generated content without verifying its accuracy and appropriateness.

2. Confidentiality and Data Protection

Any use of AI in arbitration must respect the confidentiality of the proceedings and comply with all applicable data protection laws. Feeding confidential case data into publicly accessible AI tools could risk violating those obligations.

3. Disclosure (or Lack Thereof)

Interestingly, the guidelines do not require parties or arbitrators to disclose when they use AI tools. Instead, disclosure is encouraged when AI-generated content has a material impact on the proceeding or when transparency is necessary to ensure fairness.

4. No Falsification of Evidence

The guidelines make clear that using AI to fabricate or falsify evidence is strictly prohibited. Submitting deepfakes — whether intentionally or negligently — constitutes a direct attack on the integrity of the arbitration process.

5. Counsel Obligations

Attorneys and representatives are reminded of their professional and ethical responsibilities when using AI tools. They must ensure that AI-generated filings, statements, or documents meet the same standard as anything prepared manually.

6. Limitations on Arbitrator Use

Arbitrators are cautioned against using AI to generate content outside the record — such as drafting legal conclusions or factual determinations — without disclosure to the parties. Any such use must be transparent and subject to verification.

7. Award Drafting and Verification

While AI tools may assist with drafting arbitral awards, the arbitrator remains solely responsible for the final product. Awards must be based solely on the record and reflect the arbitrator’s independent judgment.

Arbitration in the Age of AI: Best Practices Moving Forward

The SVAMC guidelines offer a thoughtful first step, but the responsibility to maintain fair and effective arbitration extends beyond formal rules. Participants in arbitration can adopt additional best practices, such as:

• Screening evidence more carefully, particularly digital media or documents with unusual metadata.

• Raising early procedural questions when AI-related concerns arise, such as requesting limited discovery to verify authenticity.

• Adopting procedural orders that address AI use explicitly, including provisions for disclosure or verification.

• Training arbitrators and legal staff on how to identify suspicious AI-generated content.

As arbitration continues to evolve, so too must the expectations for ethical and transparent use of technology.

A Moment of Caution — And Opportunity

AI is here to stay. It will shape the way parties prepare cases, interact with evidence, and even draft legal documents. But the risks are real. Deepfakes have the potential to undermine the trust that ADR depends upon — particularly when they go undetected due to arbitration’s limited evidentiary framework.

By proactively adopting sound principles and reasonable safeguards, arbitrators and counsel can preserve arbitration’s strengths while guarding against misuse.

Nationwide ADR: Forward-Thinking, Integrity-Driven Dispute Resolution

Nationwide ADR remains at the forefront of evolving challenges in dispute resolution. With a deep understanding of arbitration procedure and a proactive approach to emerging technologies, cases are handled with clarity, balance, and judgment — especially when it comes to navigating novel risks like AI manipulation.

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