Can legislation keep up with AI? Should AI be regulated? Are we already dependent on AI? Does AI make law more accessible? These and other thought-provoking questions were addressed in the discussion moderated by Leyla Ahmed (Senior Associate at TripleOKLaw LLP Advocates).
Amb - Prof. Bitange Ndemo (Kenya’s Ambassador to the Kingdom of Belgium and the European Union) spoke extensively on AI in Kenya, pointing out the numerous ways in which AI can be applied. This includes potentially allowing advocates, arbitrators and judges to easily do a comparative analysis of decided cases and emerging trends.
In relation to multilingual countries like Kenya, he proposed that AI be used to design Large Language Models to focus on local languages. This would have a great impact on access to justice, he said, noting that natural language processing would be useful in legal proceedings in assessing emotional cues. This is essential in mediation and arbitration sessions which are often delicate.
Ndemo also pointed out that blockchain technology has been invaluable in streamlining various processes at the land registry in Kenya, improving productivity by making it easier to identify landowners and to fast track land transaction processes.
Addressing the salient question of AI regulation, Ndemo highlighted legal sandboxes as useful instruments for regulators to work with innovators, and that this is important as innovation ordinarily precedes regulation. The Capital Markets Authority has rolled out a regulatory sandbox, and Ndemo said he hopes other regulatory bodies will do likewise.
The discussion on whether AI should be regulated was a lively one, with Helen Armstrong (Partner at Reynolds Porter Chamberlain LLP, UK) observing that the benefits and risks of AI lead to the need to regulate.
John M. Ohaga (Managing Partner at TripleOKLaw LLP Advocates) believes that legislation cannot keep up with the evolution of AI, and nor is it desirable. He opined that, by its nature, AI will always precede legislation, and any insistence on legislation to keep up with AI’s evolution would have the undesirable effect of stifling innovation.
Ohaga pointed out that the existing laws just have to be applied while more suitable laws are being prepared. As an example, laws such as the penal code, though not specifically designed to deal with AI, can be used in instances where AI has been exploited in a manner that breaches the law. This is a more prudent option than continuously attempting to regulate AI’s evolutionary pace, he said.
Armstrong emphasised that there has to be a balance between innovation and regulation because if innovation continues unregulated and results in a negative outcome along the way, governments tend to react aggressively and harshly. It’s therefore crucial for innovators to continuously engage with regulators.
When it came to discussing the application of AI in law firms, Alan Williams (Partner at Reynolds Porter Chamberlain LLP, UK) said he believes AI will be used to write narratives about work being done by advocates, and to write client update letters and demand letters. Later, he foresees AI being utilised to review submissions, highlight areas not covered and make recommendations. He predicts that, even further down the line, AI will be writing submissions and cross-examination questions, and will be used by arbitrators to write arbitral awards. Through all of this, he believes AI will make law more accessible.
Another question which raised conflicting opinions is whether arbitrators have a duty to disclose the use of AI in making awards. Shai Wade (Head of International Arbitration at Reynolds Porter Chamberlain LLP, UK) pointed out that the Silicon Valley Arbitration & Mediation Center recently published Draft Guidelines on the Use of Artificial Intelligence in International Arbitration, and that this would further advance the discourse on the issue.
The general consensus among the panellists was that all legal practitioners need to be ready to adopt and embrace technology and the improvements and learning it brings.
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