As announced in July 2023, the Silicon Valley Arbitration and Mediation Center is working towards publishing Guidelines on the Use of Artificial Intelligence (AI) in International Arbitration (Guidelines).
The SVAMC Guidelines Drafting Subcommittee is pleased to release the draft Guidelines for public consultation.
The Guidelines offer a set of best practices on the use of AI in international arbitration for all those involved in the arbitration process. It seeks to address both current and future applications of artificial intelligence from a principled framework, while also bearing in mind that the technology will continue to evolve rapidly.
We will recognise those who have contributed to the public consultation when the final guidelines are published.
At this stage, the draft Guidelines cover the following provisions and principles:
Application of these Guidelines
Definition of AI
Non-derogation of any mandatory rules
CHAPTER 1: Guidelines applicable to all participants in international arbitration
1. Understanding the uses, limitations and risks of AI applications
2. Safeguarding confidentiality
CHAPTER 2: Guidelines for parties and party representatives
3. Duty of competence in the use of AI
4. Respect for the integrity of the proceedings and evidence
CHAPTER 3: Guidelines for arbitrators
5. Non-delegation of decision-making responsibilities
6. Respect for due process
7. Protection and disclosure of records
The consultation is open to all members of the public.
The draft Guidelines are here: https://thearbitration.org/ai-guidelines/ai-guidelines-1/
Please provide your feedback on the SVAMC AI Guidelines Consultation Portal, which can be accessed through this link: https://arbi-city.typeform.com/ai-guidelines
The deadline for submissions is 30 September 2023.
The SVAMC AI Task Force and its Drafting Subcommittee are led by Benjamin I. Malek of T.H.E. Chambers, and the members of the Drafting Subcommittee are Orlando Federico Cabrera Colorado, Elizabeth Chan, Dmitri Evseev, Marta Garcia Bel, Sofia Klot, Benjamin I. Malek, Soham Panchamiya and Duncan Pickard.