Seminar calls for balancing benefits with adequate procedural safeguards

Legal experts from China and abroad have emphasized the crucial role of artificial intelligence in resolving international commercial disputes while highlighting the need for caution and greater awareness of potential risks.

The experts shared their views on Wednesday at the Fifth Seminar of the International Commercial Expert Committee, organized by China's Supreme People's Court in Shanghai.

Teresa Cheng, secretary-general of the International Organization for Mediation and former secretary for Justice of the Hong Kong Special Administrative Region, spoke about the rapid and unstoppable advancement of AI and its potential benefits.

READ MORE: Legal tools essential for AI regulation

She advocated integrating AI into various aspects of life, including the judicial system, citing its capabilities in analyzing cases, sorting evidence and providing legal opinions. However, she stressed the importance of human judgment, urging that AI and other technologies be applied prudently to guard against risks such as the generation of fictitious cases or laws.

Mark Feldman, president of the Guangzhou Court of International Arbitration and a professor at Peking University School of Transnational Law, also highlighted both the opportunities and risks of applying AI in the judicial field.

He emphasized the need to balance the use of technology with the protection of litigants' rights and to clearly distinguish between appropriate and inappropriate uses of AI.

Wu Jinshui, president of the Shanghai First Intermediate People's Court, shared how Shanghai courts have embraced digital transformation to improve the quality of cases and procedural efficiency.

He introduced a comprehensive intelligent judicial assistance system that supports judges through knowledge-graph recommendations and real-time alerts. While AI can provide valuable assistance, he said, it should serve only as an auxiliary tool and never replace judges in decision-making.

"It's important to maintain judicial responsibility and ensure algorithmic transparency, data security and risk control," Wu said.

Huang Meiling, assistant secretary-general of the International Institute for the Unification of Private Law, praised Chinese courts' advances in using AI for legal research, case identification, evidence review and document drafting.

She said efficiency gains from AI must be backed by adequate procedural safeguards.

"Parties should be informed of AI's role in case handling and have the opportunity to challenge any inaccurate or unreliable outputs," she said, emphasizing the need to protect trade secrets and confidentiality and ensure that judges and arbitrators remain accountable for final decisions.

John Thomas, president of the Qatar International Court and Dispute Resolution Center, stressed the need for judges to stay informed about the use of AI in commerce and law.

He questioned the extent to which the use of AI should be disclosed in court documents and judgments, and suggested establishing international standards for AI use in arbitration to prevent its misuse as a tool to resist enforcement.

Shi Jingxia, a law professor at Renmin University of China, also raised concerns about the risks AI poses in legal proceedings.

She cited a case in which AI-generated judicial decisions were erroneous, underscoring the need for vigilance.

ALSO READ: Officials seek limited use of AI in judiciary

Shi noted that AI could have a significant impact on international commercial adjudication because of the multi-jurisdictional nature of such cases. Undetected AI errors in submissions, she warned, could find their way into the adjudicative process.

To address these risks, she called for stronger verification of materials in international legal proceedings and suggested mechanisms requiring parties to disclose their use of AI to enhance transparency and reliability.

She also advocated developing guidelines for the use of AI in international commercial justice, with a focus on reviewing AI-generated materials and ensuring the accuracy of cited sources.

Contact the writers at caoyin@chinadaily.com.cn