AI and Arbitration: Silicon Valley Arbitration and Mediation Center Releases First Guidelines on AI
Artificial Intelligence (AI) is an emerging technology that has the potential to bring about profound changes in all sectors of society, including dispute resolution. The application of this cutting-edge technology to commercial transactions is becoming increasingly important in the business world, and the use of AI in commercial arbitration should continue to attract attention.
On April 30, the Silicon Valley Arbitration and Mediation Center (SVAMC) announced the publication of the first edition of its Guidelines on the Use of Artificial Intelligence in Arbitration, which defines AI as “a computer system that performs tasks commonly associated with human cognition, such as understanding natural language, recognizing complex semantic patterns, and producing human-like output.”
Comprised of seven guidelines, the Guidelines provide best practices on the use of AI in international arbitration for all participants in arbitration (Guidelines 1-3), parties and party representatives (Guidelines 4 and 5), and arbitrators (Guidelines 6 and 7). The Guidelines cover the following topics:
- Understand the uses, limitations, and risks of AI applications.
- Protect confidentiality.
- Disclosure.
- Competence or duty of care in the use of AI.
- Respect the integrity of procedures and evidence.
- There is no delegation of decision-making responsibility.
- Respect due process.
In general, the guidelines aim to address both current and future applications of AI and will be updated frequently as technology advances.
As reflected in the accompanying Model Clauses, the Guidelines are intended to be a guide to the extent agreed upon by the parties, and may be applied pursuant to a decision to adopt them by an arbitral tribunal or institution and may be adopted in whole or in part.
