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Introduction
In addition to new legal issues that will emerge, AI will impact litigation and arbitration management and procedure. We can therefore expect a revolution led by the use of AI systems on procedural efficiency. It is also important for companies to be well prepared for the possibility of litigation, and to adopt good practices in anticipation.
AI and efficient procedure
Intelligent software is already capable of expediting contract analysis, enabling counsel to focus on pertinent disputed issues. AI applications are transforming legal research and enabling the automation of drafting legal documents, such as pleadings and discovery/disclosure requests. Similarly, AI-powered legal analytics offer case outcome predictions, as well as insights and patterns of judgments or arbitration awards, benefiting strategic case assessment and allowing parties to consider the results in settlement discussions. In the future, decentralized dispute resolution platforms may even harness AI to select jurors or arbitrators, relying on algorithms with the aim of impartiality and fairness.
Importantly, AI presents an array of applications that will facilitate the enforcement of judgments and arbitral awards. Smart contracts can be programmed to automate certain enforcement aspects, eliminating the necessity for human intervention. AI can aid in extracting relevant information from judgments or awards, such as involved parties, awarded sums and governing laws, thus streamlining the enforcement preparation. AI can also automate procedural enforcement steps, drafting requests, handling deadlines and submitting necessary documents. Predictive analytics, utilizing historical enforcement data, can estimate the likelihood of enforcement, assisting in strategy and resource allocation. Additionally, AI has the potential of simplifying asset tracking. In cross-border enforcement, AI’s capacity to dissect relevant laws, treaties and enforcement mechanisms across various jurisdictions can alleviate complexities, informing parties of their options and aiding strategy formulation.
AI therefore holds immense potential to revolutionize dispute resolution by significantly reducing both costs and time. The automation capabilities of AI allow for more efficient processes, minimizing laborious manual tasks and decreasing the need for human intervention, thus allowing counsel to focus on strategy and other impactful matters.
- AI will impact litigation and arbitration management and procedure
- We can therefore expect a revolution in procedural efficiency led by the use of AI systems
- These issues are evolving quickly and different territories may take different approaches to AI