617 423-0400In The Silicon Arbiter: AI-Generated Arbitration Awards and the Federal Arbitration Act, published in the July–August 2026 issue of the Journal of Robotics, Artificial Intelligence & Law, David Evans takes up a question that the drafters of the Federal Arbitration Act (FAA) could not have imagined: whether an AI system, acting without human involvement, can issue a binding arbitral award. This is Part I of a two-part article. Drawing on recent US Supreme Court precedent, Part I establishes that the FAA requires human arbitrators to create an enforceable award. Part II, to appear in the next issue of the Journal, will address constitutional concerns, respond to counterarguments grounded in party autonomy, and propose a legislative framework for those who would chart a different course.
