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Contracting and Contract Law in the Age of Artificial Intelligence

Edited by: Martin Ebers, Cristina Poncibò, Mimi Zou

ISBN13: 9781509950683
To be Published: April 2022
Publisher: Hart Publishing
Country of Publication: UK
Format: Hardback
Price: £85.00

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.

Contract Law, IT, Internet and Artificial Intelligence Law
Introduction: Contracting and Contract Law in the Age of Artificial Intelligence
Martin Ebers (University of Tartu, Estonia), Cristina Poncibò (University of Turin, Italy) and Mimi Zou (University of Reading, UK)
I. Formation of Contract, Autonomy and Consent
1. Mapping Artificial Intelligence in Contracting: Perspectives from Computer Sciences
Luigi Portinale (University of Piemonte Orientale, Italy)
2. Artificial Intelligence, Contracting and Contract Law: An Overview
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. Artificial Intelligence and Contracts, Information Asymmetries, Autonomy and Consent
John Linarelli (Touro College Jacob D Fuchsberg Law Center, USA)
5. Artificial Intelligence and Contracts: Fair and Trustworthy AI-based Risk Assessment and Policy Pricing in the Insurance Sector
Shalini Kurapati (Clearbox AI, Italy)
II. Drafting, AI Tools for Contracting and Contract Analysis, Management
6. AI Contract Analysis for Lawyers
Sven von Alemann (rfrnz, Germany)
7. Building a Chatbot: Challenges under Copyright Right and Data Protection Law
Aleksei Kelli (University of Tartu, Estonia), Arvi Tavast (Institute of the Estonian Language) and Krister Lindén (University of Helsinki, Finland)
8. LegalTech Solutions as Digital Services under the New Digital Content Directive
Karin Sein (University of Tartu, Estonia)
9. The Frontiers of Legal Language in Contracts
Megan Ma (Sciences Po, France)
10. Summarising Multilingual Documents: The Unexpressed Potential of Deep Natural Language Processing Techniques
Luca Cagliero (Politecnico di Torino, Italy)
III. (Non-)Performance, Remedies and Dispute Resolution
11. Contractual Remedies and Artificial Intelligence
Cristina Poncibò (University of Turin, Italy)
12. Artificial Intelligence and Contracts: EU Consumer Protection Law
Agnieszka Jablonowska (European University Institute, Italy) and Monika Namyslowska (University of Lodz, 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: Reflections about Dispute Resolution
Piercarlo Rossi (University of Turin, Italy) and Paola Aurucci (University of Turin, Italy)