Contracting and Contract Law in the Age of Artificial Intelligence

List of contents

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)

About the author

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. He is co-founder and president of the Robotics & AI Law Society (RAILS) research network. In addition to research and teaching, he has been active as a legal consultant in the tech sector for many years. His main areas of expertise and research are IT law, liability and insurance law, and European law. In 2020, he published the books Algorithms and Law and Rechtshandbuch Künstliche Intelligenz und Robotik.Cristina Poncibò is Associate Professor of Comparative Private Law at the Department of Law of the University of Turin (Italy). She is the director of the Master in International Trade Law co-organised by the University of Turin, ITCILO, Uncitral and Unidroit (see at https://www.itcilo.org/courses/master-laws-international-trade-law-ed-2020-2021). She has been an IEF-Marie Curie Fellow (Paris II), EU Marie Curie Programme, a Max Weber Fellow (European University Institute) and a Lagrange Fellow (McGill University). Cristina's research interests are in the fields of comparative private law and contracts.

Prior to entering academia, Cristina was an associate lawyer at a leading UK law firm. In 2019, she co-edited The Cambridge Handbook of Smart Contracts, Blockchain Technology and Digital Platforms.Mimi Zou is Associate Professor (Reader level) at the School of Law, University of Reading, UK. She is also Principal Investigator of the Deep Tech Dispute Resolution Lab at the University of Oxford. Mimi's research interests are in comparative contract and commercial law and the intersection between law and technology, especially in the area of dispute resolution.

Summary

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.

Foreword

This is the first book of its kind to examine the uses and implications of AI for contracting practices, contract law and related areas of the law from a global perspective.

Product details

• Authors: Cristina , Martin Ebers, Ebers Martin, Poncib242, Mimi Zou
• Assisted by: Martin Ebers (Editor), Cristina Poncibò (Editor), Mimi Zou (Editor)
• Publisher: Hart Publishing
• Languages: English
• Product format: Hardback
• Released: 30.04.2022
• EAN: 9781509950683
• ISBN: 978-1-5099-5068-3
• No. of pages: 328
• Subjects: Social sciences, law, business > Law > International law, foreign law; LAW / Commercial / General, LAW / Computer & Internet, LAW / Contracts, Commercial law, contract law, comparative law, IT and Communications law / Postal laws and regulations, IT & Communications law