AI-driven civil litigation: Navigating the right to a fair trial

Abstract

The integration of artificial intelligence (AI) into legal proceedings has gained significant traction in recent years, particularly following the Covid-19 pandemic. As part of the broader movement toward the digitalization of legal systems, AI is seen as a tool to improve access to justice, enhance efficiency, and adopt a human-centered approach. However, the rapid advancement of AI necessitates careful consideration of fundamental human rights, especially the right to a fair trial as enshrined in Article 6 of the European Convention on Human Rights (ECHR). Recently, the European Union's Artificial Intelligence Act classifies AI systems used in the judiciary as high-risk, requiring impact assessments on fundamental rights, including the right to a fair trial. This paper explores the impact of AI-driven judicial tools on the right to a fair trial, focusing on key components such as the right to be heard, judicial independence, impartiality, and the principle of publicity. This paper explores the impact of AI-driven judicial tools on the right to a fair trial, focusing on key components such as the right to be heard, judicial independence, impartiality, and the principle of publicity, while examining the risks and opportunities posed by AI in civil litigation, including challenges like algorithmic discrimination, digital exclusion, and the potential erosion of human judges' cognitive abilities.