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THE APPLICABILITY OF NEW YORK CONVENTION OF 1958 ON ARTIFICIAL INTELLIGENCE ARBITRAL AWARD: EXPLORING CONTROVERSIES THROUGH MAPPING AND SEEKING INTERPRETATION TO ENHANCE COORDINATION

Lafi Daradkeh

ABSTRACT

This study explores the intersection between AI-generated arbitral awards and the applicability of Article I of the 1958 New York Convention. It offers a reinterpretation of the article to accommodate the evolving role of artificial intelligence in international arbitration. The objective is to propose a conceptual framework that aligns AI-generated decisions with the recognition and enforcement mechanisms established by the Convention. The analysis emphasizes the importance of identifying both the place where the AI award is rendered and the jurisdiction where enforcement is sought. Recognition under the Convention requires that both jurisdictions be contracting states. While the Convention does not directly address the unique nature or geographical ambiguity of AI-generated awards, the paper argues that such awards, when situated within the Convention’s procedural framework, are nonetheless eligible for recognition and enforcement.