London Arbitration Week: The evolution of evidence in the era of AI

Please join us at our London office on 1 December during London Arbitration Week for a session entitled “The evolution of evidence in the era of AI: Rethinking Arbitration.”

As technology transforms the way evidence is gathered, witnesses are prepared and cases are presented, does arbitration need to rethink its approach to the integrity of the evidential process? Taking as its starting point two recent Court of Appeal decisions, Salinas Pliego v Astor Asset Management 3 Ltd [2026] EWCA Civ 940, concerning the use of private investigators to obtain confidential and potentially privileged information, and R v FGD [2026] EWCA Crim 918, concerning a witness’s use of AI to prepare for cross-examination and the distinction between legitimate witness familiarisation and prohibited coaching, the panel will explore how these issues may translate into the arbitral context.

The discussion will consider whether existing arbitration rules and ethical frameworks are equipped to address rapidly evolving practices around evidence and AI, or whether arbitral institutions should provide more specific guidance. It will also examine the practical role of tribunals, including whether expectations concerning the use of AI, investigative techniques and witness preparation should be addressed proactively in terms of reference, procedural orders or other procedural directions, and where the appropriate balance lies between innovation, party autonomy and the integrity and fairness of the proceedings.

The panel will feature Simmons & Simmons partners Jayne Bentham and Basil Wood-Walker, alongside external speakers representing different perspectives within the arbitration community.