Deepfakes Could Be Arbitration's Next Gen AI Shake-Up

International Arbitration and Litigation Team Leader Adolfo Jimenez was recently quoted in a Law360 article about the pressing issue of deepfakes and how the legal profession should approach generative artificial intelligence (AI) technologies. While many arbitral institutions have begun providing guidelines on how parties and counsel can approach chatbots, the specific issue of deepfakes has not been the main topic of discussion.

"I personally think that deepfakes could become a major issue and problem in international arbitration," Mr. Jimenez said. "As much as you want to think that businesses don't engage in that kind of activity... in my experience, international arbitration has not been immune from forgeries, and deepfakes are just a very, very sophisticated forgery."

He also mentioned several reasons why international arbitration specifically may be more affected by deepfakes than other areas of law: Discovery in international arbitration is more limited than it is in litigation, tribunals have a limited ability to penalize wrongdoers — not being able to find a party in contempt — and arbitration's largely confidential nature, especially in the commercial space, means there is no press to deter bad actors.

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