Conference

Artificial intelligence and contract formation

19 Oct 2022 09:00 - 17:20

Systems based on artificial intelligence (AI) are increasingly present in our daily lives. Although these systems generally produce outstanding results, they are also imperfect, just like human beings. While the added value of these systems is that they are able to match or exceed human performance in a way that is both faster and cheaper, a fundamental challenge remains that it is impossible to rule out occasional incorrect results.

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Consequently, the legal relevance of AI systems is growing rapidly, especially when these systems are used to support a party in the process of contract formation. This seminar focuses on four applications in which parties may consider an AI system’s analysis in the decision (not) to conclude a contract. To begin with, AI systems are increasingly being used to support due diligence in M&A transactions. In an HR context, these systems are relied upon to analyse resumes or employee performance. AI systems are used as a contracting tool in the banking and insurance sector as well, e.g. to quickly assess the situation and work out an appropriate settlement that the other party is likely to accept. Finally, these systems can also be used in the art sector to assess the authenticity of a piece of art.

These applications can help support the work of lawyers and in-house counsel. However, because AI systems are not flawless, they can also give rise to disputes. The resolution of such disputes depends on the difficult assessment of whether a party was entitled to rely on the AI system in given situation, and on the identification of the relevant legal regime. To facilitate this analysis, lawyers, company lawyers and judges may benefit from a basic understanding of the advantages and legal challenges of the use of AI systems to support contract formation, which will be discussed during this seminar.

Programme

09:00 - 09:10 uur: Opening remarks

Prof. dr. Peggy Valcke (Full Professor of Law & Technology at KU Leuven, co-director of CiTiP, executive committee member of Leuven.AI, principal investigator in the Security & Privacy Department of imec and and Vice Dean for research at the Leuven Faculty of Law & Criminology)

09:10 - 09:40 uur: A short introduction to AI systems and the legal challenges they present

Prof. dr. ir. Georges Gielen (Full Professor at Faculty of Engineering of the KU Leuven and chair of the Department of Electrical Engineering (ESAT))
Data property challenges in AI system training
Prof. dr. Thomas Margoni (Research Professor of Intellectual Property Law at KU Leuven and Co-director of CiTiP)

09:40 - 11:10 uur: First panel: AI and M&A transactions

Mr. Bart Bellen (Partner at Contrast)
Mr. Christoph Michiels (Partner at Deloitte Legal (Corporate & M&A)) & Mr. Jan Roggen (Director of Legal Managed Services and Consulting at Deloitte Legal)
Drs. Maarten Herbosch (FWO Flanders Fellow and PhD researcher at the KU Leuven Centre for methodology of law)

11:10 - 11:30 uur: Coffee break

11:30 - 13:00 uur: Second panel: AI and art transactions

Prof. dr. Katlijne Van der Stighelen (Full Professor of Art History at KU Leuven)
Prof. dr. Eric Postma (Full Professor in Artificial Intelligence at the Tilburg University of Humanities and at the Jheronimus Academy of Data Science)
Prof. dr. Bert Demarsin (Professor at KU Leuven)

13:00 - 14:00 uur: Lunch break

14:00 - 15:30 uur: Third panel: AI and HR policy

Jan Denys (Labour Market Expert & Member of 'Hoge Raad voor de Werkgelegenheid')
Jean-François Gerard (Global head of practice development and knowledge lawyer at Freshfields Bruckhaus Deringer) & Mr. Satya Staes Polet (Counsel at Freshfields Bruckhaus Deringer)
Prof. dr. Valerio De Stefano (Canada Research Chair in Innovation, Law and Society & Professor of Law at Osgoode Hall Law School and York University, Toronto)

15:30 -15:50 uur: Coffee break

15:50 - 17:20 uur: Fourth panel: AI and insurance claims/settlements

Prof. dr. Bernard Tilleman (Pro-Dean of the KU Leuven Law Faculty and full professor at the centres for methodology of law and contract law at KU Leuven)
Drs. Daan Willems (FWO Flanders Fellow and PhD researcher at the KU Leuven Institute for Contract Law)
KBC Insurance Team
Prof. dr. Dahan (Law Professor at Queen’s & Cornell and Director of the Conflict Analytics Lab)