Sara Migliorini and João Ilhão Moreira (University of Macau – Faculty of Law) have posted Clashing Frameworks: the EU AI Act and Arbitration, published in the European Journal of Risk Regulation, volume 17, issue 1 (2026), on SSRN. Here is the abstract:
The EU AI Act (Regulation (EU) 2024/1689) represents a significant departure from the EU’s traditionally restrained regulatory approach to commercial arbitration. The Act classifies certain use cases of AI in arbitration as potentially “high-risk” and introduces stringent compliance obligations for legal tech providers, arbitral institutions and arbitrators. This article argues that the Act’s application to arbitration disrupts the long-standing balance between party autonomy, procedural flexibility and regulatory oversight that has characterised the EU’s treatment of the field. It also highlights the challenges of reconciling its rigid framework with key aspects of arbitration—namely, party autonomy, confidentiality and procedural flexibility. The article concludes by proposing a full or partial carve-out of commercial arbitration from the scope of the AI Act’s high-risk provisions.
Lawrence Solum