At the book launch of the second edition of the Wilske/Happ commentary on the ICSID Arbitration Rules, Björn will speak about AI and the standard of proof in ICSID arbitration. As co-author of the commentary on Chapter V (Evidence) and the Fact-Finding Rules, he brings an in-depth understanding of how ICSID tribunals establish the facts of a case.
In his talk, Björn will explain why the broad discretion ICSID tribunals enjoy in assessing evidence is both an opportunity and a challenge in the age of AI. He will address how tribunals should weigh AI-generated or AI-assisted evidence, how parties can deal with authenticity concerns such as deepfakes, and whether the use of AI by counsel, experts or tribunals themselves should be disclosed. He will also show where the existing rules already provide workable answers and where practitioners need to proceed with particular care.
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