Use of Artificial Intelligence (AI) and Large Language Models (LLM) in Arbitration

There is increasing interest in the use of artificial intelligence (AI), Large Language Models (LLM), and related technologies within claims, subrogation, and arbitration processes. While these tools may offer efficiencies, their use must remain consistent with Arbitration Forums, Inc. (AF) requirements, including its Terms of Use, and the obligation to preserve arbitrator neutrality and independence.

Arbitration Decisions Must Remain Independent
Arbitration decisions must be made solely by the arbitrator based on the facts presented and the applicable law. As reflected in AF’s Neutrality Statement, decisions are required to be grounded in the arbitrator’s own understanding of the law and evaluation of the evidence.
“This decision is according to my understanding of the current local law and the facts presented.”

Use of AI/LLM Tools
Arbitrators must not use AI/LLM tools in a manner that compromises decision-making independence or confidentiality.
  • Case information must not be uploaded, entered, or shared with AI/LLM platforms.
  • AI/LLM tools must not be used to generate or influence arbitration decisions.
  • Arbitrators remain responsible for their independent analysis and conclusions.
Terms of Use Requirements
AF’s Terms of Use restrict the use of AI/LLM technologies in connection with AF data and systems.
“You do not have permission, express or implied, to use the Services to populate, process, input, use, or upload Data and Information into any artificial intelligence (“AI”) technologies, including, but not limited to, large language models, generative AI, or for training a machine learning or AI system, without the express written permission of AF. If there is a specific AI use case that you would like AF to consider, please contact us at Legal@arbfile.org.”

Limited Administrative Use
The use of AI/LLM tools for limited administrative purposes, such as proofreading, may be permissible only if no AF case information or confidential data is uploaded or shared. Arbitrators remain responsible for ensuring compliance with confidentiality obligations and the Terms of Use when using any external tools.