As artificial intelligence (AI) becomes increasingly integrated into various industries, the potential for disputes involving AI systems is growing. In response to this emerging trend, JAMS has introduced the JAMS Artificial Intelligence Disputes Clause and Rules. These specialized rules address the unique challenges presented by AI-related disputes and provide a tailored framework for resolving these complex issues through arbitration.
The JAMS AI Disputes Rules take into account the distinct characteristics of AI technology and the challenges they may pose in the context of dispute resolution. The rules define AI as a machine-based system capable of completing tasks that would otherwise require cognition, ensuring that they can be applied to a wide range of AI-related disputes.
Protecting Proprietary AI Technology
Rule 16.1 of the JAMS AI Disputes Rules establishes strict procedures for the production and inspection of AI systems and related materials, acknowledging the proprietary nature of AI technology and the need to safeguard sensitive information. Disclosure of AI systems is limited to a secured environment, with access restricted to experts mutually agreed upon by the parties or designated by the arbitrator. These experts are prohibited from transmitting or removing any produced materials or information from the secured environment, maintaining the confidentiality of the AI technology throughout the arbitration process.
Expert Testimony Focused on Key Technical Issues
Rule 16.1 also addresses the role of expert testimony in AI-related disputes on the AI system itself, limiting it to a written report requested by the arbitrator that focuses on specific questions related to the key technical aspects of the dispute. This approach streamlines the arbitration process and ensures the expert's analysis remains relevant, and avoids a “battle-of-the-experts” on the key technical issues related to the AI system.
Conclusion
The JAMS Artificial Intelligence Disputes Clause and Rules represent a proactive approach to addressing the unique challenges posed by AI-related disputes. By providing a specialized framework that considers the specific characteristics of AI technology, these rules may offer parties a new means of resolving AI disputes through arbitration as the use of AI continues to expand across industries.
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