ALL ENGAGEMENTS

04 ENGAGEMENT

AI Arbitrator & Disputes Tribunal

Arbitrator and protocol architect under emerging AI dispute frameworks.

AI matters are not commercial-arbitration-with-a-technical-hat. They are a different artifact requiring a different process. The arbitrator who can read the system card, the eval suite, and the inference logs resolves these matters substantially faster than one who cannot.

§ 01 · What this is

AI disputes are a distinct category of commercial dispute with their own evidentiary character. The artifacts at issue — model weights, training data, prompts, system cards, evaluation reports, retrieval logs, inference timestamps — are not the artifacts of conventional commercial arbitration. They require a tribunal that can scope discovery to what is probative, design tiered protective orders that distinguish weights from outputs, and pose its own technical questions where the record is incomplete.

Daniel arbitrates under emerging AI dispute frameworks — JAMS AI Disputes Clause and Rules where parties have incorporated them; party-stipulated frameworks where they have not. He has authored and co-authored standing protective-order templates for AI matters.

Engaging an AI arbitrator

As an AI arbitrator, Daniel sits on disputes where the record is the model itself — weights, training data, system cards, eval reports, and inference logs. The role is distinct from conventional commercial arbitration: it requires a tribunal that can scope discovery to what is probative, design tiered protective orders, and pose its own technical questions where the record is incomplete.

§ 02 · When to retain

Indicators that this is the right role for the matter.

01

Model output liability

Hallucinated outputs in regulated workflows, defamation, autonomous-system intervention failures.

02

Training data IP

Disputes over the provenance, licensing, and lawful use of training corpora.

03

Algorithmic bias / discrimination

Statutory and common-law claims arising from differential treatment in automated decisioning.

04

AI vendor / enterprise contract

Disputes over service-level guarantees, model performance representations, and use restrictions.

05

Generative IP

Copyright, derivative-works, and substantial-similarity disputes over generative outputs.

06

Embedded ML in safety-critical products

Disputes where ML behavior contributed to a physical-world harm.

§ 03 · Methodology

How an engagement runs.

Typical scale: Six- to eighteen-month proceedings. $5M to $1B+ exposure typical.

  1. 01

    Framework selection

    AI-specific rules where the parties’ contract incorporates them. Where the contract is silent, a tailored framework can be proposed with parties’ consent.

  2. 02

    Tiered protective order

    Standing template distinguishing weights, training data, prompts, inference logs, and outputs into separate access tiers. Reviewer credentialing per tier.

  3. 03

    Discovery scoping

    System cards, eval reports, RAG configurations, retrieval logs, fine-tuning datasets, inference timestamps. What is probative; what is fishing into trade secrets dressed as discovery.

  4. 04

    Technical adjudication

    Daniel may pose tribunal questions where the record is incomplete. Hearings may include live model interrogation under controlled conditions.

  5. 05

    Award

    Reasoned award addressing both technical and legal questions. Where the matter turns on machine behavior, the award sets out the model behavior actually observed and the legal consequences turning on it.

§ 04 · Frequently asked

About this role.

Does Daniel work under specific AI dispute rules?

Where the contract incorporates them, yes. Where it does not, the parties can stipulate to a framework — including the JAMS AI Disputes Clause and Rules — or proceed under a tailored protocol.

Will the tribunal examine the model directly?

Where the parties stipulate and the protective order permits, yes. Direct interrogation under controlled conditions is sometimes determinative.

How are model weights protected during discovery?

Through a five-tier protective order with cleanroom review for the most sensitive artifacts. Daniel has authored these for many matters and adapts them to the specifics.

FULL FAQ

§ 05 · Representative work

See how this role plays out.

Notable matters

Begin a ai disputes — tribunal services matter

Eight questions. One considered match.

Begin a matter Notable matters