Check a proposed disclosure of arbitral material against the confidentiality clause
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- Set the proposed disclosure beside the confidentiality clause and list each category of material the clause restricts, and whether the draft disclosure includes that category. Do not approve the disclosure.
- What the lawyer must review
- The restriction is the clause the parties signed. 9 U.S.C. § 2 enforces that written agreement on the stated grounds. It does not itself impose confidentiality. Rule 1.6(a) forbids the lawyer to reveal information relating to the representation unless the client gives informed consent, the disclosure is impliedly authorized, or paragraph (b) permits it. Federal Rule of Evidence 408 limits use of compromise statements to prove or disprove a claim. It is not a privilege that decides whether arbitral material may be shown to a court or a third person. The lawyer decides whether the clause allows the disclosure.
- Written for / version
- United States versionUS
Who does what
| Role | What they do |
|---|---|
| Assistance | Potential support includes preparing preliminary structure or wording. Confirm the tool’s capability and permitted scope. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- Review operative clauses in the complete document, including definitions, cross-references, schedules and inconsistencies with the instructions.
- Confirm that the actual tool, feature and processing terms permit use of this information, including access, retention, training and disclosure conditions.
- Confirm the output against the client’s instructions and the complete relevant source material, including omissions or contradictions.
- Resolve exceptions and record the responsible lawyer’s approval of the exact output and intended use.
Forms and precedents for this task
| Form or precedent | Kind | AI use | Summary |
|---|---|---|---|
| Preservation notice when arbitration is anticipated | Notice | AI use Yellow | Internal notice to keep documents and electronically stored information when a commercial arbitration is reasonably anticipated or has been demanded, including material a later court petition might need. |
| Arbitration confidentiality and non-waiver stipulation | Agreement | AI use Yellow | Party stipulation on who may see material exchanged in a commercial arbitration, and a warning that a side agreement does not do the work of a Federal Rule of Evidence 502(d) order. |
Signed-in accounts can read the full text of each one. All precedents.