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Managing the Human/AI Contractual Interface (CON10)

    Description

    Technological adoption within the modern world is problematic on a number of grounds given the acceleration of development. Systems are outmoded with rapidity and a lack of standardisation across many fields of commercial endeavour, posing a real issue of compatibility cross-system. The emergence of AI and its evolution within the ‘human space’ raises many questions as to the way forward – in both terms of practicality (i.e. the removal of 3rd party verification mechanisms from commercial contracts, or the question of liability) and the impact upon the individual (i.e. redundancy, mental health issues). Whilst AI is most definitely a boon, it is not without both its limitations and challenges when utilised within the contractual medium.

    This course has been specifically designed to provide participants with a holistic understanding of the range of issues and possible solutions to the growing role AI plays within the domain of commercial contractual interaction.

    Course Level: Foundation / Skill
    Duration: 3 days

    Designed for you, if you are...

    • Engaged in stakeholder management
    • Working in a human resources function
    • Involved in a legal role
    • Part of a contracts or commercial department

    How we build your confidence

    • Open dialogue
    • Problem solving
    • Case studies
    • Exercises

    The benefits from attending

    On completion of this course, you will:
    • Be familiar with the issue of 3rd party verification and what its removal from commercial contracts might mean
    • Grasp the scope of AI – what it can and cannot do at present
    • Realise the relationship between key contractual components such as force majeure, termination, and the role played by AI
    • Grasp the ramifications of contractual breach and the AI interface
    • Examine some of the key benefits of AI to negotiation
    • Know the issues related to warranties associated with data accuracy
    • Realise the potential difficulties for AI associated with cross cultural dealings
    • Analyse the potential problems associated with AI and liability/indemnity issues

    Topics

    Introduction to AI Contractual Issues
    • Dealing with contract opaqueness – how do we achieve clarity?
    • Eliminating 3rd party verification – a dangerous precedent to establish?
    • Eight key factors that determine contractual structure
    • Integration and automation – what does the human future look like?
    • Other societal impacts of AI – privacy, mental health
    • Dealing with evolving legal structures/regulations – the question of governance
    • Keeping the Genie in the Bottle - Six critical impacts on the human side of the interface

    Understanding the ‘Scope’ of AI
    • The roles and tasks that AI can perform
    • What AI cannot do
    • The plus side of the equation – harnessing AI capabilities
    • The minus side of the equation – skill fade
    • Human demotivation, compliance risk
    • The critical importance of ‘scope’ – the role of AI
    • Class exercise: ‘Subject to Contract’

    AI and the Contract
    • Drafting – human and/or AI
    • AI and contractual breach
    • Class exercise
    • AI and damages
    • AI and termination
    • AI and force majeure
    • Class exercise

    Negotiation
    • The necessity of a human/AI hybrid approach
    • Subjectivity vs. objectivity – the human/machine dichotomy
    • Self-interest – a potential ‘ghost in the machine’?
    • Anticipation and movement – who guides the process?
    • AI and ‘trade-off’ behaviour
    • AI in overcoming common problems in JV and collective/collaborative ventures
    • The major benefits of AI to negotiation

    Contractual Provisions Relating to Risk and Performance
    • The five overarching risk management strategies
    • Establishing the risk profile of a transaction
    • The issue of time and performance guarantees
    • Mechanisms for EOTs
    • Price, performance and time risk
    • Inclusion or exclusion of warranty related to accuracy of data supplied – a loophole to exploit?

    The Challenges Facing AI Utilisation
    • The cultural dimension – differing normative value and belief systems
    • Accent and language – communication dimensions
    • Bias and AI ‘hallucinations’
    • Ethical considerations (i.e. military applications)
    • Liability and indemnity
    • Compliance issues
    • AI and criminal justice/medical diagnosis


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