You don't need special skills to interact with the AI Assistant on Kluwer Arbitration. Simply communicate with it as you would with a person. However, like any conversation, the more direction and context you provide, the more relevant the output. Simple prompts are a great start, but to optimize your experience, consider the following tips.

What is a Prompt?

A prompt is the question or instruction you provide to the AI Assistant to obtain specific results. To generate useful and meaningful responses, it's important to frame your prompt in a way that helps the AI Assistant understand and respond with relevant answers.

What Makes an Effective Prompt?

  1. Context
  • Provide relevant background information about your case or research topic. The more context you provide the better.
  • Example: I'm researching a dispute involving a construction contract between a European company and a Middle Eastern employer. What are the common arbitration rules applied in such cases?
  1. Use Examples
  • Provide an example of a good answer or the type of answer you are looking for.
  • Example: What are some common approaches tribunals take when calculating damages in investment arbitration? For example, in CMS v. Argentina, the tribunal used the discounted cash flow method. Please explain other cases where tribunals have used different approaches and compare how they differ from CMS v. Argentina.
  1. Subject
  • Clearly state the main topic or legal issue you are researching.
  • Example: I need information on the tribunal’s approach regarding breach of contract in supply of goods disputes.
  1. Scope and Depth
  • Define the breadth and depth of the information you need.
  • Example: Provide a summary of recent trends in investor-state arbitration, focusing on cases involving renewable energy projects. Limit the response to three paragraphs.
  1. Desirable Sources
  • Specify sources or type of content you want to be prioritised by the AI.
  • Example: List landmark cases in international arbitration that have influenced the enforcement of arbitral awards under the New York Convention, with a brief explanation of each.
  1. Specific Questions
  • Include precise questions you want answered.
  • Example: What are the key considerations for determining the seat of arbitration in international commercial disputes?
  1. Desired Output Format
  • Specify how you want the information presented (e.g., summary, bullet points, outline).
  • Example: Provide a bullet-point list of the advantages and disadvantages of choosing ad hoc arbitration over institutional arbitration.

Dos and Don'ts

  1. Dos:
  • Be specific and clear in your requests.
  • Provide relevant context and background information.
  • Provide examples of good answers or the type of answers you want.
  • Break down complex queries into smaller, manageable prompts.
  • Specify the type of sources you want (e.g., primary sources, secondary commentary).
  • Ask for clarification or follow-up questions if the initial response isn't sufficient.
  1. Don'ts:
  • Avoid vague or overly broad prompts.
  • Do not ask for legal advice or opinions (the AI Assistant is a research tool, not a substitute for professional legal judgment).
  • Don't assume the AI Assistant has knowledge of your specific case details unless you've provided them.
  • Avoid using legal jargon without explanation, as it may lead to misinterpretation.
  • Don't rely solely on the AI Assistant for critical legal decisions; always verify information through direct review of materials.
  • Do not ask the AI Assistant non-legal questions or questions about the content that is not available in it.
  • Avoid mixing multiple unrelated topics in one query.

An Average Prompt vs. a Good Prompt

In each example below, the Average Prompt lacks specificity, a time frame, depth, context, and does not define the desired scope. In contrast, the Good Prompt has a clear focus, possibly references a timeline or specific law, and sets clear expectations for the response.

While both responses may eventually be good and accurate, the Good Prompt has a higher chance of returning a precise, tailor-made response that would work for you without asking follow-up questions.

NOTE: Your research needs should inform your prompt – in many cases, you may be completely fine with just making a brief, high-level prompt, or asking smaller prompts each time and building on it through the AI Assistant. Feel free to experiment and try out different types of prompts.

At the same time, an overly complicated prompt may misguide the AI Assistant and lead to hallucinations if it is unnecessarily detailed and wordy.

Refining prompts

If your first prompt doesn't provide the answers you are looking for, ask follow-up questions or try adding a word or alter your phrase slightly and ask your question again. Small changes can provide better results. Don't be afraid to refine 'as you go'. Also, collaborate with others and share prompting tips.

Strategies for Effective Prompt Refinement

  1. Iterative Refinement
  • If the response isn’t quite right, tweak your prompt by adding or changing a few words. This can help the AI better understand your request.
  • Example: Instead of “Explain arbitration”, try “Explain the arbitration process under the ICC rules with recent case examples”.
  1. Focus on a Jurisdiction and/or Arbitral Institution and/or Rules
  • Clearly specify the jurisdictions/arbitral institutions/arbitration rules relevant to your query to ensure the AI provides query-specific information. You can also use comparative jurisdiction analysis.
  • Examples:
    • Compare the enforcement of arbitral awards under the New York Convention in France and Germany.
    • In what cases and how have ICSID tribunals dealt with the FET standard?
    • Compare the enforcement of arbitral awards in the UK and India.
  1. Practice Area Specification
  • Indicate the specific practice area(s) you are interested in to tailor the AI Assistant's response.
  • Examples:
    • Analyse arbitration trends in the construction industry, particularly in cross-border projects.
    • What are the common issues faced in investor-state arbitration cases involving Latin American countries?
  1. Step-by-Step Reasoning (Chain of Thought)
  • Encourage the AI to provide a detailed, step-by-step analysis for complex issues, enhancing clarity and depth.
  • Examples:
    • Analyze this arbitration scenario step by step: A multinational corporation is involved in a dispute over a joint venture agreement in a foreign country. What are the potential arbitration strategies, and what steps should be taken to initiate proceedings?
    • Step by step, analyze the potential outcomes of an arbitration case where a multinational corporation is accused of violating environmental regulations in a host country.
  1. Role-Based Prompting
  • Assign a specific role to the AI Assistant to guide its responses from a particular perspective or area of expertise.
  • Examples:
    • You are a counsel experienced in international arbitration. Explain the concept of 'Kompetenz-Kompetenz' to a client who is new to arbitration proceedings”.
    • As an arbitrator, how would you approach a case involving conflicting jurisdictional clauses in a bilateral investment treaty?