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SVAMC Guidelines on the Use of Artificial Intelligence in Arbitration

SVAMC Guidelines on the Use of Artificial
Intelligence in Arbitration

ForewordSince its founding, SVAMC has grown to be the voice of global technology dispute resolution through the collective efforts of SVAMC’s Officers and Executive Committee, SVAMC’s Tech List and the legion of its tech industry members.

The publication of these general principles for the use of AI is a fitting tribute to SVAMC’s tenth anniversary and its collective industriousness and dedication to promoting fairness, efficiency and transparency in arbitral proceedings.

I’d like to give special thanks to Sarah Reynolds, my predecessor as CEO, and Gary Benton, the SVAMC founder and former Chair, who initiated the SVAMC AI Guidelines project about a year ago.

International They recognized that the rising emergence of new AI technologies creates the critical need to harness the power of AI to positively shape the best practices for its use in domestic and international arbitration.

The seemingly daunting project was undertaken by the SVAMC Task Force and its Drafting Subcommittee, consisting of Benjamin Malek (Chair), Orlando Federico Cabrera Colorado, Elizabeth Chan, Dmitri Evseev, Marta Garcia Bel, Sofia Klot, Soham Panchamiya, and Duncan Pickard.

The Drafting Subcommittee sought the broadest possible participation of experts throughout the international arbitration community, first by circulating a draft set of the AI Guidelines in August 2023 and then providing a lengthy comment period to December 2023, which was extended to February 2024.

We are grateful that we received hundreds of thoughtful comments from arbitrators, corporate parties, advocates, universities, educational and arbitral institutions.An AI Guidelines Review Committee of respected independent practitioners was established to scrutinize the draft, to review the large volume of revisions suggested during the comment period, and to submit a revised draft of the AI Guidelines for finalisation by the Drafting Subcommittee and the approval of SVAMC’s Executive Committee.

The AI Guidelines Review Committee worked cooperatively at a steady pace for two months.

We thank the Review Committee and the Drafting Subcommittee and appreciate what they have accomplished, which is reflected in numerous substantive changes to the circulated draft.

The SVAMC AI Guidelines will be subject to continuing analysis and review to ensure that future editions adapt to the accelerating changes in the capabilities of artificial intelligence technologies.

Thanks again to all of the dedicated participants in this challenging exercise of thought leadership.

We hope that the Model Clause for Inclusion in Procedural Orders will be routinely adopted within the global arbitration community.Jonathan W. Fitch, CEOSilicon Valley Arbitration & Mediation Center

SVAMC Guidelines on the Use of Artificial Intelligence in Arbitration

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