IGF 2023 Lightning Talk #122 AI in the courts an opportunity for economic proceedings?

Time
Thursday, 12th October, 2023 (00:00 UTC) - Thursday, 12th October, 2023 (00:30 UTC)
Room
WS 10 – Room I
Subtheme

Artificial Intelligence (AI) & Emerging Technologies
Chat GPT, Generative AI, and Machine Learning
Future & Sustainable Work in the World of Generative AI

Theme
AI & Emerging Technologies
Speakers

Rafał Wieczerzak (moderator, rapporteur) – lawyer, PhD Candidate (law), CK-LEGAL Chabasiewicz Kowalska i Wspólnicy, The Chamber of Digital Economy, University of Silesia in Katowice, CYBER SCIENCE Silesian Centre for Legal Engineering, Technology and Digital Competence

Magdalena Golonka (moderator online) –  attorney-at-law, CK-LEGAL Chabasiewicz Kowalska i Wspólnicy, The Chamber of Digital Economy

Konrad Wasik – judge, Artificial Intelligence Working Group at the Ministry of Digitalisation Poland (GRAI), District Court in Przemyśl

Gabriela Bar PhD –  attorney-at-law, University of Silesia in Katowice, CYBER SCIENCE Silesian Centre for Legal Engineering, Technology and Digital Competence, Szostek_Bar i Partnerzy Law Firm, The Chamber of Digital Economy

Anna Pietruszka – CEO CK-LEGAL Chabasiewicz Kowalska i Wspólnicy

Robert Sowiński – attorney-at-lawSowiński i Partnerzy Office of Attorneys at Law and Tax Advisor, The Chamber of Digital Economy

Onsite Moderator

Rafał Wieczerzak

Online Moderator

Magdalena Golonka

Rapporteur

Rafał Wieczerzak

SDGs

5.c
8.2
10.3
16.3
16.5
16.6
16.7
16.b
17.17
17.6
17.7

Targets: The use of new technologies, in particular artificial intelligence in the judiciary and alternative methods of resolving commercial disputes, will contribute to increasing the efficiency of the judiciary. New technologies will contribute to speeding up business proceedings. As a first step, artificial intelligence should be applied where human action is routine and repetitive, e.g. making changes to court registers. In addition, artificial intelligence can be successfully applied to analyse the facts of a case, adjust the relevant rules to it and assess the chances of winning a dispute. Before using AI in the settlement of court cases, one should first look for opportunities to use AI in situations where it will help citizens, e.g. providing information on how to handle a case in an office or court. The panel discussion will cover all the topics identified above, the implementation of which leads to higher levels of economic efficiency.

Format

Discussion panel

Duration (minutes)
30
Language
English
Description

The panel will address the very topical and widely discussed (especially in the United States and Western European countries) topic of the application of artificial intelligence (AI) in commercial proceedings, particularly in the resolution of disputes between entrepreneurs. AI in the judiciary can be implemented in many areas above all, AI can be successfully applied to:

  • improving the organisation of court operations and communication with parties;
  • analysis of large data sets by AI;
  • predictive application of AI;
  • judgment by AI.

The most promising area of application of AI in ADR is to use it to analyse the facts in the context of the applicable rules, assess them and suggest a possible settlement of the dispute, which will result in the mediator or arbitral court being able to focus primarily on the issues in dispute. Law firms can also use the factual analysis model in the context of the applicable legal framework to streamline the time-consuming analysis. The panel aims to identify the opportunities and benefits that the implementation of AI can bring to business proceedings, including alternative dispute resolution (ADR), in particular arbitration. In particular, the discussion will seek answers to whether implementing AI in the judiciary and in ADR can improve and speed up proceedings in commercial cases. In addition, the panellists will summarise what challenges the implementation of AI will entail and what benefits this implementation may bring to businesses.

As part of the session, the organisers envisage the possibility of onsite and online participation. The organisers anticipate that anyone interested in listening will be able to ask questions of the panellists. In particular, anyone listening can ask questions in real-time in the meeting's chat room. The online moderator will oversee the questions and ask them of the panellist.

Anyone interested will have the opportunity to ask questions by sending an e-mail to [email protected].

Key Takeaways (* deadline 2 hours after session)
  • The use of AI in alternative dispute resolution will be of great benefit to business. Being aware of the chances of winning a dispute and therefore receiving a predicted outcome and/or an assessment of the strength of a party's arguments and position from AI will reduce the burden on the courts. We should use AI to issue non-binding resolutions that will guide a party whether to take the case to court or, for example, to settle.
  • The implementation of AI in the judiciary is a universal and global issue. The differences between legal systems remain in the background. We should develop postulates and international legal and ethical standards for the use of AI in the judiciary.
  • Call to Action (* deadline 2 hours after session)
  • We expect from the local governance to support jurisdiction to fulfill the tech gap between the business needs and justice. We should aspire to cooperation between business and public authorities, but at the same time create clear and transparent rules for such cooperation. We must be aware of the temptation of private entities gaining access to citizens' data and attempting to manipulate court rulings using AI systems.
  • The implementation of AI in the courts should be progressive, in the first step we should start by using AI to perform routine, repetitive and time-consuming activities. As a second step, it would be good to implement solutions based on hybrid intelligence.While implementing the AI driven solutions we have to review carefully every activity that is processed in the court and analyze what can be replace in a first place.
  • Session Report (* deadline 26 October) - click on the ? symbol for instructions

    The panel discussion titled "AI in the courts an opportunity for economic proceedings?" brought together industry experts who explored the implications, advantages, and challenges of integrating Artificial Intelligence (AI) into the judiciary. The session was moderated by Rafał Wieczerzak.

    Panelists and their Key Points:

    In her remarks, Anna Pietruszka primarily focused on how artificial intelligence can impact the efficiency of court proceedings, especially from a business perspective. She pointed out that introducing AI-based tools for straightforward, routine matters, such as making minor changes in business registers, could significantly speed up and simplify procedures. Anna also emphasized the need for modernizing communication within the judiciary. She suggested that while courts are an integral part of our system, their current communication methods are not aligned with modern realities. In her view, technologies like artificial intelligence can play a pivotal role in transforming these mechanisms to be more accessible and understandable to today's society.

    Gabriela Bar and Robert Sowiński highlighted the complexity of introducing AI into the judicial system. Gabriela focused on the ethical aspects of implementing AI. She underscored that trust in the system is crucial and that people need to believe that the technology is used fairly and transparently. Therefore, as she suggested, the optimal model would be Explainable Artificial Intelligence (XAI), which would be able to provide people with a logical justification for its decisions. Robert, on the other hand, cited the example of the Chinese judicial system where AI is already in use and pointed to the successes in the realm of alternative dispute resolution in the UK. However, he noted that this technology is not without risks, and we need to be aware of the potential consequences of its misuse.

    From a judge's perspective, Konrad Wasik shared his unique insights into the impact of artificial intelligence on the judiciary. He expressed concern over the burden of numerous administrative tasks that divert judges from their primary duty of adjudicating. In his opinion, artificial intelligence could significantly alleviate courts from these routine tasks, allowing them to concentrate on more complex cases that require human judgment. Konrad also identified potential areas of AI application, suggesting that its integration into the judiciary holds immense potential, as long as it's introduced with due caution and an understanding of its limitations.Post-panel Activities:

    The session was not just an opportunity to gain insights from the panelists but also a platform for attendees to ask questions. The face-to-face interaction allowed for lively debates and provided a chance for legal professionals from various countries and continents to network, exchange experiences, and establish valuable contacts.

    Conclusion:

    The panel successfully addressed the multidimensional aspects of integrating AI into the judiciary, from efficiency and modernization to ethical considerations. The consensus was that while AI offers great potential, its implementation needs to be done thoughtfully, ethically, and in a phased manner.

    The panel concluded with the following recommendations and recommendations:

    The implementation of AI in the judiciary is a universal and global issue. The differences between legal systems remain in the background. We should develop postulates and international legal and ethical standards for the use of AI in the judiciary.

    The use of AI in alternative dispute resolution will be of great benefit to business. Being aware of the chances of winning a dispute and therefore receiving a predicted outcome and/or an assessment of the strength of a party's arguments and position from AI will reduce the burden on the courts. We should use AI to issue non-binding resolutions that will guide a party whether to take the case to court or, for example, to settle.

    The implementation of AI in the courts should be progressive, in the first step we should start by using AI to perform routine, repetitive and time-consuming activities. As a second step, it would be good to implement solutions based on hybrid intelligence.While implementing the AI driven solutions we have to review carefully every activity that is processed in the court and analyze what can be replace in a first place.

    We expect from the local governance to support jurisdiction to fulfill the tech gap between the business needs and justice. We should aspire to cooperation between business and public authorities, but at the same time create clear and transparent rules for such cooperation. We must be aware of the temptation of private entities gaining access to citizens' data and attempting to manipulate court rulings using AI systems.