Artificial Intelligence, Public Policy, And Fraud: Rethinking Enforcement Under The New York Convention
- IJLLR Journal
- 2 days ago
- 1 min read
Shahida Parween, Law College Dehradun
ABSTRACT
As it guarantees the acceptance and enforcement of foreign arbitral rulings, the New York Convention, 1958 continues to be the cornerstone of international commercial arbitration. But the public policy exception under Article V(2)(b) has consistently led to doctrinal ambiguity, especially when combined with fraud accusations. Differentiating between strategic, merit- based arguments masquerading as enforcement objections and actual violations of fundamental public policy remains a challenge for courts throughout jurisdictions. This paper critically analyses how public policy and fraud are interpreted in many important jurisdictions, such as Singapore, the United States, the United Kingdom, India, and Switzerland. It contends that the pro-enforcement goal of the Convention is weakened and arbitral finality is compromised by inconsistent judicial procedures.
In this study, artificial intelligence (AI) is introduced as a judicial decision- support tool that can help courts uncover fraud-related risk patterns, identify baseless public policy arguments, and improve consistency in enforcement outcomes. The paper suggests a technologically informed, appropriate, and globally harmonized paradigm for enforcement review by incorporating AI- driven tools like Natural Language Processing (NLP), predictive analytics, and human-in-the-loop governance frameworks. The study comes to the conclusion that AI can greatly improve the legitimacy, effectiveness, and consistency of arbitral award enforcement under the New York Convention when used morally and as an auxiliary rather than adjudicatory instrument.
Keywords: Artificial Intelligence, Public Policy, Fraud, Arbitrability, Enforcement, Convention of New York, Judicial Intervention.
