Silicon Valley Arbitration & Mediation Center Issues AI Guidelines

On April 30, 2024, the Silicon Valley Arbitration and Mediation Center published the 1st edition of its Guidelines on the Use of AI in Arbitration, which "shall apply when and to the extent that the parties have so agreed and/or following a decision by an arbitral tribunal or an arbitral institution to adopt these Guidelines."

For all participants in arbitration, the Guidelines provide that all participants are responsible for familiarizing themselves with the AI tools and their intended uses and making reasonable efforts to understand relevant limitations, biases, and risks, including ensuring that any use of AI tools is consistent with confidentiality obligations. Disclosure of the use of AI tools is not required as a general matter, and decisions regarding disclosure are to be made on a case-by-case basis.