This book provides original, diverse, and timely insights into the nature, scope, and implications of Artificial Intelligence (AI), especially machine learning and natural language processing, in relation to contracting practices and contract law. The chapters feature unique, critical, and in-depth analysis of a range of topical issues, including how the use of AI in contracting affects key principles of contract law (from formation to remedies), the implications for autonomy, consent, and information asymmetries in contracting, and how AI is shaping contracting practices and the laws relating to specific types of contracts and sectors.
The contributors represent an interdisciplinary team of lawyers, computer scientists, economists, political scientists, and linguists from academia, legal practice, policy, and the technology sector. The chapters not only engage with salient theories from different disciplines, but also examine current and potential real-world applications and implications of AI in contracting and explore feasible legal, policy, and technological responses to address the challenges presented by AI in this field.
The book covers major common and civil law jurisdictions, including the EU, Italy, Germany, UK, US, and China. It should be read by anyone interested in the complex and fast-evolving relationship between AI, contract law, and related areas of law such as business, commercial, consumer, competition, and data protection laws.
PART I FORMATION OF CONTRACT, AUTONOMY AND CONSENT 1. Mapping Artificial Intelligence: Perspectives from Computer Science Luigi Portinale (Università del Piemonte Orientale, Italy) 2. Artificial Intelligence, Contracting and Contract Law: An Introduction Martin Ebers (University of Tartu, Estonia) 3. When AI Meets Smart Contracts: The Regulation of Hyper-Autonomous Contracting Systems? Mimi Zou (University of Reading, UK) 4. A Philosophy of Contract Law for Artificial Intelligence: Shared Intentionality John Linarelli (Touro College, USA) 5. From Document to Data: Revolution of Contract Through Legal Technologies Silvia Martinelli (University of Turin, Italy) and Carlo Rossi Chauvenet (CRCLEX, Italy) PART II DRAFTING, AI TOOLS FOR CONTRACTING AND CONTRACT ANALYSIS, MANAGEMENT 6. Legal Tech Solutions for the Management of the Contract Lifecycle Giulio Messori (Sweet Legal Tech, Italy) 7. Building a Chatbot: Challenges under Copyright and Data Protection Law Aleksei Kelli (University of Tartu, Estonia), Arvi Tavast (Institute of the Estonian Language, Estonia) and Krister Lindén (University of Helsinki, Finland) 8. Legal Tech Solutions as Digital Services under the Digital Content Directive and E-Commerce Directive Karin Sein (University of Tartu, Estonia) 9. Contracting in Code Megan Ma (Stanford Center for Legal Informatics, USA) 10. Summarising Multilingual Documents: The Unexpressed Potential of Deep Natural Language Processing Luca Cagliero (Politecnico di Torino, Italy) PART III (NON-)PERFORMANCE, REMEDIES AND DISPUTE RESOLUTION 11. Remedies for Artificial Intelligence Cristina Poncibò (University of Turin, Italy) 12. Artificial Intelligence and Platform Services: EU Consumer (Contract) Law and New Regulatory Developments Monika Namyslowska (University of Lodz, Poland) and Agnieszka Jablonowska (Polish Academy of Sciences, Poland) 13. Artificial Intelligence and Anticompetitive Collusion: From the ‘Meeting of Minds’ towards the ‘Meeting of Algorithms’? Giuseppe Colangelo (University of Basilicata, Italy) 14. Artificial Intelligence and Contracts: Reflection about Dispute Resolution Paola Aurucci (University of Turin, Italy) and Piercarlo Rossi (University of Turin, Italy)
Martin Ebers is Associate Professor of IT Law at the University of Tartu, Estonia and permanent research fellow (Privatdozent) at the Humboldt University of Berlin, Germany. Cristina Poncibò is Associate Professor of Comparative Private Law at the Department of Law of the University of Turin, Italy. Mimi Zou is Associate Professor at the School of Law, University of Reading, UK.
