Adrian Mak and Wilson Lui on Agentic AI and International Arbitration: A Three-Tier Taxonomy and Model Agentic AI Protocol (Journal of AI Law and Regulation)

“Agentic AI and International Arbitration: A Three-Tier Taxonomy and Model Agentic AI Protocol”
Adrian Mak (BSocSc(Govt&Laws)&LLB 2019; PCLL 2020) and Wilson Lui (Research Fellow, Centre for Private Law)
Journal of AI Law and Regulation, Volume 3, Issue 2, pp. 138–151
Published online: June 2026

Abstract: The rapid evolution from generative to agentic artificial intelligence (AI) presents both transformative opportunities and novel enforcement risks for international arbitration. Whereas ordinary prompt-response use of generative AI is largely reactive, agentic AI combines generative models with planning, persistent memory, tool use, and autonomous task execution, operating through multi-step workflows with minimal human oversight at each step. This article introduces a three-tier taxonomy: (1) Agent-Assisted, (2) Agent-Supported, and (3) Agent-Decided—to classify the deployment of agentic AI across the arbitral lifecycle, from conflict checks and procedural administration to deliberation and award drafting. It maps the principal enforcement risks under the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards 1958 (the New York Convention), particularly Articles V(1)(b), V(1)(d), and V(2)(b), and analyses the regulatory implications of the EU AI Act for high-risk AI systems deployed in dispute resolution. It situates the taxonomy against the principal existing AI-in-arbitration instruments—the SVAMC Guidelines and the CIArb Guideline—and argues that agentic AI requires a more granular, autonomy-based governance model than general AI guidance provides. To address the governance gap, the article proposes a Model Agentic AI Protocol structured around three pillars: (1) Disclosure, (2) Trajectory Logging, and (3) Human Certification—complemented by a technical toolkit comprising arbitration-specific benchmarks, mechanistic interpretability, adversarial robustness testing, and cognitive calibration techniques.

Weixia Gu spoke at International Arbitration Symposium at Cornell Law School

International Arbitration Symposium Provides Better Understanding of International Arbitration

Pictured (from left to right): Dr. Yuh-Ming Yan, Dr. Weixia Gu, Bianca Lin, and Professor Yun-chien Chang

On 18th April 2025, the International Arbitration Society, in collaboration with the Clarke Program in East Asian Law and Culture, hosted the Cornell International Arbitration Symposium at the Cornell Law School. This event brought together leading experts in the field to discuss various aspects of international arbitration in the East and the West. Dr. Weixia Gu, a leading scholar on international arbitration at our Law Faculty, has been invited to speak at this eminent event.

The symposium began with a morning panel featuring experts with Sinophone backgrounds. Dr. Yuh-Ming Yan, Associate Professor from Taiwan’s leading law school, National Chengchi University Law School, shared insights on arbitration developments in Taiwan. Dr. Weixia Gu, Associate Professor from Hong Kong’s top law school, The University of Hong Kong Faculty of Law, then provided law and development insights into international arbitration in Hong Kong. Dr. Wei Gao, Associate Professor from mainland China’s top law school, Peking University Law School, analysed mainland China's arbitration landscape, and Bianca Lin, Partner from Allegaert Berger & Vogel, shared her experiences combining East Asian background with her legal practice in the U.S. The panel emphasized on how international arbitration frequently involves cross-border collaboration, and how understanding the practices and contexts of different jurisdictions is crucial. Moderated by Yun-chien Chang, Jack G. Clarke Professor in East Asian Law and Culture at Cornell Law School, the morning panel laid the groundwork for a deeper understanding of international arbitration in a cross-border and cross-cultural context.

The discussions continued in the afternoon panel, which focused more on American perspectives of international arbitration. Lee Caplan, leader of Arent Fox Schiff’s international arbitration practice group and a former assistant attorney at the State Department Office of the Legal Adviser, discussed the politics of investment arbitration in the U.S.. Afterwards, Ted Lynch, Partner of International Arbitration at Jones Day, talked about the enforceability of international arbitral awards in US. Stephen Anway, global co-chair of International Dispute Resolution at Squire Patton Boggs, compared arbitration practices in mainland China and the U.S., and finally Muna Ndulo, William Nelson Cromwell Professor of International & Comparative Law and Director of the Berger International Legal Studies Program, outlined global efforts to reform international arbitration laws and practices. Justice Gambino 26′, President of the Cornell International Arbitration Society at Cornell Law School, moderated the afternoon panel.

The Cornell International Arbitration Symposium provided better understanding of international arbitration, highlighting the importance of collaboration and understanding diverse legal contexts of international arbitration in today's globalized world.

The official news report from the Cornell Law School is available here.