Viorel Dinu, head of dispute resolution practice at Bondoc si Asociatii, attends London International Disputes Week, a series of conferences and seminars focused on debating the current issues of international arbitration and litigation practice, considered from the perspective of the actors who work in this areas in London, one of the most important disputes resolution centres for international transactions.
The main conference theme of this year was “Adapting to a changing world”, having as first subject the development of smart technologies and their impact upon the judicial procedures and the work of lawyers, experts, judges of all jurisdictions, an aspect which attracts maximum attention and concern. Till where the artificial intelligence shall be left to work for lawyers in the disputes they handle is a question which concerns and worries the legal community. While nobody could deny the help which the artificial intelligence may give for legal research, processing and condensing information, preparing documents or other work which would imply days or even months of work. The idea of a adjudication computer system, of a computer having decision making power in disputes between humans, as judge has, is seen with great reserve, but, surprisingly or not is not absolutely rejected.
It is clear though that the artificial intelligence, in process of being formed, developed and regulated, shall invade the judicial field as well, and this must not scare or to determine lawyers to believe that they remain without the object of their work. In turn, taking over of the role of judge by the artificial intelligence raises principial issues of assumption of liability and ensuring the rule of law, implying also a public acceptance which does not seem to exist now.
A specific theme for European practitioners is represented by the imminent coming into force, in June 2023, of (EU) Directive 2020/1828 on representative actions for the protection of the collective interests of consumers which establishes at community level the obligation of the states to institute collective legal proceedings in consumer protection law, starting from the American “class action” mechanism. The interest areas already tested in collective actions field, which is expected to increase, concern potential environmental law collective actions, communications and social media.