Workshop "AI in Contracting"
Artificial Intelligence in Contracting
The proliferation of advanced AI systems to perform a wide range of tasks previously performed by humans touches many, if not all, areas of life. While other applications have long been at the forefront, the impact on contracting may have been underestimated, particularly as we witness an unprecedented move towards the 'contractualisation' of the digital environment. Contracts are the 'legal lifeblood' of the digital economy - they are ubiquitous, they perform a wide range of functions, and they often have little in common with the notion of contract that has dominated legal debate for hundreds of years. Among other things, they are increasingly automated – negotiated, concluded and enforced by automated means, including advanced AI. We are already seeing the first high-value disputes reaching the supreme courts in various regions of the world. Given the growing importance of contracts entered into on a large scale by automated means, certainty should be provided as soon as possible, ideally not only in national jurisdictions but at a global level. This workshop will bring together leading experts in the field to discuss salient issues arising from the use of AI in contracting, including how legal systems need to adapt, and what to bear in mind when providing legal advice to clients.
21-22 October 2024, Sky Lounge, Oskar-Morgenstern-Platz 1, 1090 Vienna
Monday, 21 October
Registration and Welcome
8:30 - 9:15
8:30 - 9:00 Registration
9:00 - 9:15 Welcoming remarks and introduction
Ongoing work in the area
9:15 - 10:45
9:15 - 9:30 UNCITRAL’s work on automation in contracting (Alexander Kunzelmann, UNCITRAL Secretariat)
9:30 - 9:45 ELI’s work on algorithmic consumer contracts (Christian Twigg-Flesner, University of Warwick)
9:45 - 10:00 European Commission work on automation in contracting (Simona Staikova-van Bommel, DG-JUST, Commission)
10:00 - 10:15 Revision of the UCC (Steven O. Weise, Proskauer LLP and American Law Institute)
10:15 - 10:45 Discussion
Coffee Break
General Approaches to AI in contracting
11:15 - 12:30
11:15 - 11:30 Partial legal capacity (Anna Beckers, Maastricht University)
11:30 - 11:45 Application of contract rules (Eliza Mik, The Chinese University of Hong Kong)
11:45 - 12:00 Generalised intent & framework agreements (Christiane Wendehorst, University of Vienna)
12:00 - 12:30 Discussion
Lunch Break
Attribution and Mistake
13:45 - 15:00
13:45 - 14:00 Application of existing doctrines (Maarten Herbosch, University of Leuven)
14:00 - 14:15 New mechanisms of attribution (John Linarelli, University of Pittsburgh)
14:15 - 14:30 Consumers and automated contracting (Christof Koolen, University of Leuven)
14:30 - 15:00 Discussion
Tuesday, 22 October
State of mind and similar concepts
9:00 - 10:15
9:00 - 9:15 Knowledge and intent (Philipp Hacker, European New School of Digital Studies)
9:15 - 9:30 Duty of care (Martin Ebers, University of Tartu)
9:30 - 9:45 Value judgements such as unfair or unconscionable (Michael Denga, University Halle)
9:45 - 10:15 Discussion
Coffee Break
Creating an AI-friendly contractual environment
10:45 - 12:00
10:45 - 11:00 Concept of ADM readiness of existing law and non-discrimination (Christoph Busch, University of Osnabrück)
11:00 - 11:15 Impact of new regulations for the digital economy (Andreas Wiebe, University of Goettingen)
11:15 - 11:30 What to bear in mind when advising clients (Axel Anderl, DORDA)
11:30 - 12:00 Discussion
Lunch Break
Getting providers into the equation
13:15 - 14:15
13:15 - 13:30 Liability of AI and platform providers for automated contracting (Georg Borges, Saarland University)
13:30 - 13:45 Do we need a new regime of economic product liability? (Urs Buscke, BEUC)
13:45 - 14:15 Discussion
Panel Discussion: Replacing the E-Commerce Directive? Lessons from the work of international stakeholders
14:15 - 15:30
Vlad Vita (Ecommerce Europe), Axel Anderl (DORDA) Alexander Kunzelmann, UNCITRAL