Smart Courts: a study of necessity and Challenges

Document Type : Original Article

Authors

1 Faculty of Administrative Sciences and Economics, University of Isfahan, Iran

2 International Trade Law- Faculty of Law- Shahid Beheshti University- Tehran_ iran

10.52547/jlr.2023.230059.2421

Abstract

Artificial intelligence (AI) implication in the legal industry promises numerous advancements as it has already improved other industries, one being the accessibility to lawyers for legal services. AI is an algorithmic decision-making system (ADM) classifying and processing data to generate predictions and decisions. The advancement in ADM and AI technology has enabled some jurisdictions to deploy them as judges, counsels, arbitrators, and prosecutors to limited extents. The main training data developers use to design such systems in Iran are laws and regulations, court judgments, consultative opinions issued by the Iranian judiciary, and legal theories. This research aims to shed light on the importance of ADM and AI in achieving justice and answering demands through a comparative evaluation of challenges Iranian developers encounter in the designing phase and the essentiality of legal scholars’ participation. Then, following instances of ADM and AI deployment in the US, EU, and China, the research elaborates on challenges in the development and deployment phases using experiences in other countries.

Keywords