Section 1: Overview

1.1 Purpose

JAMS is seeking independent AI technical experts who will be able to provide services and expertise on a per-dispute basis, in accordance with JAMS AI Rules and/or subject to Arbitrator appointment.

This request for information (RFI) is issued by JAMS to solicit information regarding independent Artificial Intelligence (AI) experts designated by JAMS to inspect AI systems or related materials as prescribed in JAMS Rules Governing Disputes Involving Artificial Intelligence Systems on a per-dispute basis, in accordance with JAMS AI Rules and/or subject to Arbitrator appointment.

Please note that this RFI is for informational and planning purposes only. No contract will be awarded as a result. However, JAMS may use this information garnered from the RFI process in future procurement(s). Respondents will be placed on a mailing list and will receive an announcement of any subsequent Request for Proposals (RFP) that may arise from the RFI. Any decision to subsequently issue an RFP for such services will be at the sole discretion of JAMS, and JAMS is under no obligation to initiate such an RFP.

1.2 Background

JAMS successfully resolves business and legal disputes by providing efficient, cost-effective and impartial ways of overcoming barriers at any stage of conflict. JAMS offers customized, in-person, virtual and hybrid dispute resolution services through a combination of best in class client service, the latest technology, top-notch facilities and highly trained mediators and arbitrators.

Founded in 1979, JAMS is the world’s largest private alternative dispute resolution (ADR) provider. Our panel includes nearly 500 retired state and federal court judges, attorneys and other ADR professionals with proven track records and extensive practice area and industry expertise. JAMS neutrals and clients are supported by more than 300 associates, including ADR systems design experts and case managers with decades of experience.

JAMS handles over 21,000 cases annually, ranging from two-party personal injury mediations to complex, multi-party, multimillion-dollar arbitrations in the United States and other jurisdictions worldwide. See www.jamsadr.com

Arbitration is the most traditional form of private dispute resolution. Arbitration is a binding procedure. It is often "administered" by a private organization that maintains lists of available arbitrators and provide rules under which the arbitration will be conducted. Such organizations can also manage the arbitration in whole or in part. Parties often select arbitrators on the basis of substantive expertise.

Arbitration is adjudicatory, as opposed to advisory, because of the fact that the arbitrator (usually a retired judge or attorney) renders a decision at the end of an arbitration hearing, and that decision is final and binding, subject only to a very limited court review. Arbitration is sometimes referred to as "non-binding" if the parties agree to make it so, but that is really a misnomer. Think of arbitration as a binding, adjudicatory process.

To help address the exponential rise in artificial intelligence systems and the intersection of AI technology and dispute resolution, JAMS created new arbitration rules governing disputes involving AI. These rules established a comprehensive legal framework tailored to the complexities of AI. 

An AI Disputes Protective Order shall govern disclosure and use by the parties of all documents, testimony, exhibits, interrogatory answers, responses to requests to admit and any other materials and information disclosed or provided in the action and shall protect confidential information. 

All inspection of AI systems and related materials—including hardware, software, models, and training data—shall occur in a secure environment maintained by the Disclosing Party. Experts shall not remove, transmit, or otherwise extract any data from this environment, as governed by the AI Disputes Protective Order.

1.3 Goals and Outcome

JAMS AI Rule 16.1 notes that if jointly requested by the Parties, the Arbitrator shall designate expert(s) to inspect AI systems or related materials. The Arbitrator shall first attempt to designate such expert(s) from a list of third-party experts maintained by JAMS, subject to availability and appropriate qualifications. Experts must be independent of the parties and free from conflicts of interest, as determined by JAMS.

All costs related to the use of Arbitrator appointed expert(s) shall be borne equally by the Parties, although the Arbitrator may shift fees at the Arbitrator’s sole discretion, including in the Final Award. Expert testimony from an Arbitrator appointed expert shall be limited to a written report requested by the Arbitrator addressing questions posed by the Arbitrator, and testimony at the Hearing of such expert(s).

JAMS is therefore seeking independent AI technical experts who will be able to provide services and expertise on a per-dispute basis, in accordance with JAMS AI Rules and/or subject to Arbitrator appointment.