Evidentiary Challenges in Disputes Arising from the Use of Artificial Intelligence

Abstract

This research addresses the issue of proof in disputes arising from the use of artificial intelligence as one of the emerging legal problems imposed by rapid technological development. It aims to clarify the nature and characteristics of such disputes and to identify the challenges related to evidence, particularly those concerning the proof of fault, causation, and the probative value of electronic evidence generated by intelligent systems.

The study adopts an analytical approach to examine traditional rules of evidence and assess their adequacy in addressing digital transformation, highlighting their limitations when applied to artificial intelligence technologies. It also discusses the main proposed mechanisms for developing evidentiary rules to ensure a balance between the requirements of justice and the specific nature of the digital environment.

The research concludes that traditional evidentiary rules alone are no longer sufficient to accommodate the nature of AI-generated evidence, which necessitates legislative and judicial restructuring to ensure their effectiveness in such disputes. The nature of the research and its requirements necessitated its division into two main sections. The first section was dedicated to clarifying the nature of disputes arising from the use of artificial intelligence and their impact on evidence. This was achieved by defining these disputes and outlining their legal characteristics, as well as examining the nature of digital evidence and the outputs produced by AI systems, and their evidentiary weight.

The second section addressed the legal challenges facing the evidentiary process in disputes arising from the use of artificial intelligence. This involved outlining the difficulties related to proving fault, establishing causation, and determining liability for harm. It then explored legal avenues for developing rules of evidence to keep pace with modern technological advancements and ensure effective legal protection for litigants.