Employing Artificial Intelligence in the Interpretation of Contracts: A Legal Analysis
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Type
Article
Date
2023-09
Journal Title
Indian Journal of Law and Justice
Journal Editor
Bandyopadhyay, Rathin
Journal ISSN
Volume Title
Publisher
University of North Bengal
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Singh, R. K. (2023). Employing Artificial Intelligence in the Interpretation of Contracts: A Legal Analysis. Indian Journal of Law and Justice, 14(2), 85–109. https://ir.nbu.ac.in/handle/123456789/5063
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Abstract
interpretation of contracts — as a subject — has been gaining more and more
prominence and advancing at a very fast pace, as both in domestic and crossborder
transactions, the main issue which the court or the tribunal, in a
contractual dispute, normally addresses is in relation to the contract
interpretation. Parties generally express their contract through a human
language. Being an organic discipline, the language does not have a
mathematical preciseness, for the meaning of the words and phrases keeps
growing, evolving and expanding. Consequently, a contract is always to be
construed against its context and background. These amazing facts about the
language make the phenomenon of contract interpretation all the more
fascinating as well as challenging. As artificial intelligence (AI) has been
increasingly making inroads into different walks of life and functioning, therefore,
the judicial system, judicial processes and dispute resolution systems cannot
distance away from AI. Specifically, with regard to the interpretation of contract
and AI, two legal questions arise: (a) what assistance, if any, can technology
provide in the process of contract interpretation? (b) Whether the process of
contract interpretation, with the help of appropriate technology or AI, be
automated? These questions indeed unwrap a new area of legal research with the
aim of examining whether or not the process of interpretation of contract can be
automated. The first section of this paper introduces the subject and opens up the
discussion. The second section explores the possibility of using technology for
either interpreting a contract or providing aid in the process of interpretation.
The third section critically reconnoitres the extent to which automation is possible in the process of interpretation of contracts. The fourth section highlights the
limitations of the court in using AI for the contract interpretation. Finally, the last
section concludes the discussion.
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Accession No
Call No
Book Title
Edition
Volume
ISBN No
Volume Number
14
Issue Number
2
ISSN No
0976-3570
eISSN No
Pages
Pages
85 - 109