The Impact of AI on Determining the Applicable Law in Cross-Border Disputes Under the Rome II Regulation

Abstract

The rapid advancement of artificial intelligence (AI) has significantly impacted choice of legislation issues in international litigation under the Rome II Regulation. This research paper aims to analyse the impact of AI on the application of the Rome II Regulation and identify the challenges it poses to the current legal framework. The paper will first examine the fundamental principles of the Rome II Regulation and its application to cross-border disputes. It will then explore the role of AI in determining the applicable law, focusing on the challenges faced by courts in applying the Regulation to disputes involving AI systems. The study will also assess the potential implications of AI on the interpretation and application of the Rome II Regulation's provisions on non-contractual obligations. Additionally, it will analyse the suitability of the Rome II Regulation for regulating disputes arising from the use of AI systems. Finally, the research paper will offer recommendations on how to address the challenges posed by AI choice of legislation issues in international litigation under the Rome II Regulation. The study is expected to contribute to the current understanding of the impact of AI on the legal system and inform future policy development in this area.