I recently discovered an intriguing development that marks a significant step forward in legal proceedings within the Dubai International Financial Centre (DIFC) courts. To embrace technological advancements, the DIFC courts have issued a novel set of guidelines for using AI-generated content in litigation (Practical Guidance Note No. 2 of 2023). This move underscores the courts’ recognition of AI’s potential to revolutionise legal practices while addressing its challenges.
This post summarises the DIFC’s guidelines.
What are the DIFC courts?
The DIFC courts are an independent, English-language common law judiciary based in the DIFC in the UAE. They handle civil and commercial disputes nationally, regionally, and internationally, offering a secure and efficient judicial system for businesses operating in Dubai and beyond. The DIFC courts are known for their forward-thinking approach, including integrating technology and AI into legal proceedings, to enhance the efficiency and accessibility of justice.
The name of the guidelines they’ve issued
Practical Guidance Note No. 2 of 2023 Guidelines on the use of large language models and generative AI in proceedings before the DIFC Courts
Summary of the guidelines
Securing agreement or court approval for AI use
The DIFC’s guidelines stipulate that parties wishing to use AI-generated content must either secure agreement from other parties or obtain court approval.
This requirement highlights the importance of transparency and cooperation in leveraging AI within the legal framework. Further, the guidelines advocate for early disclosure of intentions to use AI, ensuring all parties are aware and can prepare accordingly.
Best practices for using AI-generated content
The guidelines also outline best practices for using AI-generated content, emphasising the need for accuracy, reliability, and adherence to legal obligations. These practices (supported by principles) aim to mitigate the risks associated with AI, such as biases and errors, ensuring its use in legal proceedings is beneficial and responsible.
A blueprint for other jurisdictions
This development is a testament to the DIFC courts’ commitment to innovation and proactive approach to integrating AI into the legal system. It opens up new possibilities for enhancing efficiency, accuracy, and accessibility in legal proceedings. As we continue to navigate the complexities of AI in law, these guidelines serve as a valuable blueprint for other jurisdictions to follow.
