Courts and governments are still grappling with the place of AI in litigation and arbitration

AI-generated results are becoming increasingly common in court proceedings around the world, as lawyers and parties use AI to accelerate legal research, support legal arguments, and even draft witness statements and opening and closing statements.

Some courts and authorities have responded by issuing guidance to help practitioners and parties use AI responsibly. Ultimately, this guide aims to answer the question of who bears liability when AI-generated evidence produces erroneous results.

This was the central question posed during a recent panel discussion at the inaugural Egypt Arbitration Days, held in Cairo in October this year. The answer is complex and of course depends on the specifics of the individual case.

In particular, in the case of legal misinterpretations or unchecked legal information, responsibility may lie with lawyers. Errors in AI-generated summaries can lead to false statements in witness statements and customers can also be held responsible for factual statements…