What is shaping the future of international arbitration? Rapidly advancing technology and geopolitical and economic instability are at the top of the list of challenges international arbitration industry leaders outline in the March 2026 issue of Mealey’s International Arbitration Report. McCarter partner Stephanie Reed Traband notes in the issue that in 2026, arbitrators will need to stay on top of understanding technology’s use in arbitrations. With the ever growing volume of electronically stored information (ESI) in arbitrations, she says, “arbitrators must become and remain technically proficient to utilize the ESI, and they must be proactive in addressing the heightened legal and ethical risks associated with data handling and emerging technologies.” This includes managing varied, sometimes conflicting, data protection and privacy requirements involving that data.
Stephanie also sees challenges in the growing use of artificial intelligence (AI) in arbitrations, particularly when used to prepare evidence and expert reports. “Arbitrators will be called upon to assess the authenticity, reliability, and transparency of such evidence, including understanding the extent to which AI tools were used, the data on which they were trained, and the potential for errors and bias.” Technological literacy is going to be critical for arbitrators so they know the right questions to ask and how to critically test the evidence generated by AI, she says. “Procedural fairness may depend on ensuring that both parties have a clear understanding of how AI has influenced the evidence before the tribunal and whether appropriate safeguards have been applied.”