Use of AI in Cross-Border Commercial Intellectual Property Arbitration

Abstract

This article explores the use of artificial intelligence (AI) in cross-border commercial arbitration of intellectual property (IP) disputes. The rapid digitalization of commerce and the increasing reliance on AI technologies have significantly reshaped both the substance and procedure of dispute resolution. International arbitration, traditionally valued for its flexibility and neutrality, now faces the challenge of incorporating algorithmic tools while safeguarding due process, confidentiality, and fairness. The paper first outlines the theoretical and legal foundations of cross-border IP arbitration, focusing on international instruments such as TRIPS, WIPO treaties, and UNCITRAL rules. It then analyzes the practical applications of AI, including predictive analytics, technology-assisted review (TAR), and online dispute resolution (ODR), in managing complex IP disputes. Particular attention is paid to evidentiary issues, algorithmic bias, and data security concerns. Finally, the article assesses future prospects for harmonization of international standards, discussing the potential of blockchain, smart contracts, and specialized AI-assisted arbitration rules. The findings suggest that AI has the potential to enhance efficiency and accessibility in international IP arbitration but requires a robust legal framework to mitigate risks and ensure legitimacy.