Takeaway: The CAM-CCBC has issued official guidance on the use of artificial intelligence tools in arbitrations, mediations, and dispute boards under its administration. The guidance reinforces that all decisions must be made by humans and advises participants to uphold duties of confidentiality, professional ethics, and transparency when employing such technologies.

On July 17, 2025, the Center for Arbitration and Mediation of the Brazil-Canada Chamber of Commerce (CAM-CCBC) published Administrative Guidance No. 07/2025, addressing the use of artificial intelligence (AI) in arbitration, mediation, and other alternative dispute resolution (ADR) proceedings it oversees.

The guidance clarifies that the CAM-CCBC does not currently use AI to conduct its proceedings. Should it begin to implement AI in its case administration, a new specific guidance will be issued. Nonetheless, the CAM-CCBC acknowledges the growing adoption of AI by parties, counsel, arbitrators, and other stakeholders and sets out parameters for its responsible and secure use.

The guidance emphasizes that decisions in arbitral proceedings administered by the institution must be personal, non-transferable, and strictly made by human beings—they cannot be automated or delegated to AI systems. The CAM-CCBC also encourages parties, lawyers, arbitrators, and other participants to have open discussions about the use of AI tools throughout the proceeding, including whether disclosure is necessary and how such tools may impact the case's conduct and associated costs. If deemed appropriate, the parties may include specific clauses on the use and conditions of AI tools in the Terms of Reference for arbitration, mediation, or dispute boards.

The guidance also highlights the risks associated with unregulated AI use, such as algorithmic bias, inaccuracies, exposure of confidential data, and potential threats to procedural fairness. It is the responsibility of all involved individuals to ensure that any AI usage complies with applicable confidentiality obligations, data protection laws, and ethical standards, particularly when handling privileged or sensitive information.

The guidance reaffirms that it is up to the arbitrators to determine the appropriateness of AI usage based on the specific dynamics of each case, always in accordance with the principles of due process, adversarial proceedings, and equal treatment.

The guidance does not alter any existing legal obligations or ethical standards but may be updated in line with technological advancements or regulatory changes.

With this new guidance, the CAM-CCBC explicitly acknowledges the ongoing integration of artificial intelligence into the daily practice of law, arbitration, and other ADR mechanisms. Ongoing dialogue, regulation, and oversight are essential to ensure legal certainty in the context of rapid technological transformation.

Click here to access the full text of the Guidance.

The MAC Advogados team is closely monitoring the legal and procedural implications of AI in arbitration and mediation and is available to assist clients in drafting contractual provisions, mitigating technological risks, and ensuring compliance with evolving regulatory standards.