In Association des ressources intermédiaires d’hébergement du Québec (ARIHQ) v. Santé Québec – Centre intégré universitaire de santé et de services sociaux du Centre-Sud-de-l’Île-de-Montréal, 2026 QCCS 1360, the Court annulled an arbitral award after concluding that the arbitrator had relied on non-existent doctrine and case law seemingly generated through AI. The Court found that the reliance on hallucinated authorities undermined the integrity of the arbitral process and justifed annulment under articles 646 and 648 of the Code of Civil Procedure of Quebec (C.C.P.) The issue was not whether the use of artificial intelligence was itself a ground for setting aside the arbitral award; the question was whether the arbitral procedure chosen by the parties had been respected. The Court emphasized that its decision should not be understood as prohibiting the use of AI by arbitrators, but rather as requiring that the arbitrator remain personally responsible for the reasoning and authorities supporting the award.
Continue reading “Québec – Arbitrator’s use of AI in award undermined arbitral process, justified annulment – #952”Québec – Arbitrator’s use of AI in award undermined arbitral process, justified annulment – #952
