此次网络研讨会的主题为“探索如何改善仲裁环境以满足商业需求”。徐律师与来自世界各地的嘉宾深入探讨了仲裁作为满足企业不断变化需求的有效争议解决机制，以及争议解决的可持续发展等热点议题。徐律师结合实际案例，为与会者提供了宝贵的经验和见解。

研讨会在热烈的氛围中圆满结束，参会者对讨论内容积极提问，并给予了高度评价。此次研讨会不仅提供了前瞻性和实用性的建议，还为未来仲裁如何更好地服务于商业需求的探索之路提供了重要启示。

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The A-List highlights the most highly recommended private practice lawyers across various fields within China’s legal market. Following months of rigorous market research, China Business Law Journal has identified the key players and business leaders who are instrumental in driving growth within law firms. These distinguished lawyers are recognized for their extensive practical experience, exceptional legal expertise, and their active engagement at the forefront of the industry, all while maintaining an outstanding reputation and remarkable revenue-generating capabilities.

We would like to take this opportunity to thank CBLJ for the recognition and express our gratitude to our clients for their continued trust and support.

For more information, please contact our Partners Heidi Chui and Rodney Teoh, or click here to see the rankings on The CBLJ.

“2024 ALB年度亚洲争议解决律师”评选，旨在对在争议解决领域表现出色的法律专家予以表彰。他们凭借深厚的法律知识和敏锐的洞察能力，帮助企业和个人化解复杂的法律问题，在市场经济发展、个人和机构权益保护以及法治推进进程中，发挥着至关重要的作用。

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为培养具备国际法律专业知识和普通法视野的人才，香港律师会与大中华地区的顶尖大学展开合作开设法律课程。该课程以英语授课，并授予学分。徐律师围绕“国际商事争议解决”为主题，通过多个案例分析，向学生传授执行和撤销仲裁裁决、风险管理、专业行为与诚信、跨境及知识产权纠纷等多个重要课题。

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Panellists and Discussion Highlights

The session featured panellists from firms across Asia and North America, including Elizabeth Chan of Stevenson, Wong & Co., Grant Kim of LimNexus LLP, Sunyoung Kim of Baker McKenzie, David McArthur of Yulchon, and Lexi Takamatsu of Mori Hamada & Matsumoto.

They engaged the audience on some of the most pressing issues involving AI-assisted work product in arbitration, examining AI’s potential to assist in the arbitration process while highlighting the essential safeguards needed to maintain fairness, transparency, and procedural integrity. The panel also discussed the practical application of the SVAMC Guidelines on Using AI in Arbitration (SVAMC Guidelines), which are the only comprehensive set of guidelines on using AI in arbitration generally as at the time of this article.

AI Assistance in Drafting Arbitral Awards

Opening with a discussion on AI’s role in assisting with arbitral awards, the panel emphasised that while AI can enhance efficiency, human tribunal members should not delegate decision-making authority to AI tools. Under the SVAMC Guidelines, arbitrators should ensure that AI complements rather than replaces their independent judgement.

The panellists debated the merits of transparency, noting that although the guidelines do not mandate a universal duty to disclose AI use to participants in an arbitration proceeding, arbitrators might consider proactive disclosure in certain cases to maintain trust in the arbitration process.

A parallel was drawn between controversial issues surrounding human tribunal secretaries’ assistance in drafting awards and similar concerns raised by generative AI tools. For example, panellists explored whether it could constitute improper delegation if an arbitrator used an AI tool to identify the top three pieces of evidence from a hearing transcript on a particular issue, even while maintaining overall authorship of the award.

AI Assistance in Expert Work Product

The panel then addressed the use of AI in preparing expert reports. Discussion centred on the role of cross-examination as an additional safeguard, with panellists noting that if an expert disclosed AI assistance in their report, it could prompt tactical questioning about the AI’s specific use and the extent of human verification of the work product.

AI in Document Production

The conversation moved to AI’s application in document production, with panellists noting that several existing tools, such as Relativity and Sightline, are widely used in e-discovery, and newer tools like Lawdify or Co-Counsel are being developed specifically for legal use.

The panel explored potential challenges if a party questions the completeness or sufficiency of a document production where AI tools were used.

While complete accuracy in document production is rarely achievable, panellists noted the risk of guerrilla tactics, where parties might make tactical challenges based on allegations of algorithmic bias and other issues.

The panel emphasised the need for arbitrators to have the technical competence to manage these situations effectively, ensuring both efficiency and the legitimacy of the process.

Confidentiality and Data Security

Confidentiality and data security emerged as central concerns, especially given AI’s potential use to handle vast amounts of sensitive information in arbitration. The SVAMC Guidelines underscore that all participants must ensure AI tools meet appropriate confidentiality requirements, favouring privacy-appropriate solutions whenever possible.

The panellists discussed practical actions to secure confidential information, including anonymising data, using AI tools with robust security protocols, and avoiding tools that cannot guarantee confidentiality.

This approach aligns with the SVAMC Guidelines’ broader emphasis on data protection, offering parties a framework for addressing security concerns in the event of a data breach. Where confidentiality lapses occur, steps such as audits or remedial assessments of AI tools may be warranted.

Conclusion

In closing, the panel reinforced the SVAMC Guidelines as a progressive framework for addressing the complex and evolving risks associated with AI in arbitration. These Guidelines represent a vital resource for the arbitration community, enabling practitioners to harness AI’s benefits responsibly while preserving core principles of fairness and procedural integrity.

Stevenson, Wong & Co. was delighted to be part of the 2024 Seoul ADR Festival, especially given the close trading ties between Korea and Hong Kong.

If you have any questions about this event or our firm’s arbitration practice, please contact Partner Heidi Chui.

此次大会汇聚了众多业界专家，嘉宾包括香港高等法院特委法官及全国人大常委会香港特别行政区基本法委员会委员王鸣峰资深大律师、上海国际仲裁中心副主任马屹﹑以及上海国际仲裁中心秘书长王唯骏等。会上，徐律师与上海市律师协会副会长黄宁宁﹑香港中文大学法学院讲席教授，商学院名誉兼任教授黄辉及其他来自日本、越南等地的嘉宾，共同探讨了国际仲裁中仲裁员利益冲突及披露制度的演进趋势。 

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