On August 31st, the Silicon Valley Arbitration & Mediation Center issued draft guidelines for comment.
The guidelines were written for the benefit of “arbitral institutions, arbitrators, parties and their representatives (including counsel), experts, and, where relevant, other participants in the arbitral process.” The guidelines include a model clause that the center suggests parties could incorporate into their arbitrations.
The following is the model clause set forth in the Draft Guidelines:
“The Tribunal and the parties agree that the Silicon Valley Arbitration and Mediation Center’s Guidelines on the Use of Artificial Intelligence in International Arbitration (SVAMC AI Guidelines) shall apply as a reference framework to all participants in this arbitration proceeding.”
The Guidelines are organized into three chapters:
- Guidelines that apply to all participants in the arbitration process, regardless of their role;
- Guidelines that address the specific uses of AI by counsel and parties;
- Guidelines addressing considerations that arise when arbitrators use AI.
The guidelines are in draft form and the Center encourages comments from individuals and institution.
I’m sure my colleagues in the arbitration world will have plenty to add about the proposed guidelines.