AI & Litigation 1 AI & LItIgAtIon Ernest Petrič Pascal Lamy - Fernando Messias Ernest Petrič, Pascal Lamy, Fernando Messias 2 C A GAFG eBooks Publication 2026 Global Academy for Future Governance (GAFG) eBook Publications All material is copyright of the GAFG & the writer - Protected by Creative Commons License AI & Litigation 3 AI & LItIgAtIon Ernest Petrič - Pascal Lamy Fernando Messias Co-edited by: Heather McRobie, Emmy Latifah, Daria Ribar, Daania F. Syed Ernest Petrič, Pascal Lamy, Fernando Messias 4 Contributors to the E-book: Ernest Petrič Pascal Lamy Fernando Messias Philipe Reinisch Heather McRobie Jesinta Adams Shaikha Al-Marri Daria Ribar Emmy Latifah Valentina Carvajal Caballero Ria Pillai Daania F. Syed Anis H. Bajrektarević Cover Art: « Ban Kulin», by sculptor Adis Elias Fejzić. Layout, graphics: Silvie Drahošová, Thanos Kalamidas Language editor: Lily Ong Editor (of the GAFG series): Prof. Emmy Latifah & Prof. Anis H. Bajrektarević For publisher: Dimitris Giannakopoulos, Mayelinne de Lara, Thanos Kalamidas AI & Litigation 5 With immense gratitude, we honour our speakers, whose wisdom, generosity, and unwavering endurance carried this vision into being. Honourable Justice Ernest Petrič Dr. Pascal Lamy Dr. Fernando Messias Prof. Heather McRobie Publisher: GAFG, Geneva/Vienna © Global Academy for Future Governance, 2026 This eBook is open-source. Redistribution, reproduction, quota- tion, and derivative use are permitted, provided proper attribu- tion is given to the original source. GAFG ebooks are available in GAFG pages and they are for free. If somebody tries to sell you this content please contact us immediately. For details, contact: office@ future-governance.org No part of this publication may be reproduced, printed or digitally, altered or selectively extracted by any means (electronic, mechanical, photocopying, recording or otherwise) without the prior written permission of the author or the publisher of this book. Ernest Petrič, Pascal Lamy, Fernando Messias 6 Disclaimer The following text is based on the proceedings of the GAFG event: Litigation and International Arbitration in the Age of AI. While every effort has been made to present the information accurately and faithfully, the content reflects the nature and limitations of those proceedings. As such, certain omissions, in- accuracies, ambiguities, or imperfections may be present. These may result from incomplete source material, variations in in- terpretation, the summarisation of discussions, or constraints inherent in documenting live or recorded proceedings. The text should therefore be understood as a representation of the Liti- gation and International Arbitration in the Age of AI Summit proceedings rather than a verbatim or exhaustive record. AI & Litigation 7 ContEnts PREFACE 9 EVEnt oPEnIng notE 13 KEY notEs 18 PAnELIsts 25 CLosIng REFLECtIons 69 AI & LAW PREss – CUt 92 ABoUt tHE AUtHoRs 95 Ernest Petrič, Pascal Lamy, Fernando Messias 8 AI & Litigation 9 PREFACE Justice at the Crossroads: Artificial Intelligence and the Future of Legal order Every generation of lawyers believes it is living through a period of profound legal transformation. Few, however, experience a moment in which the very architecture of legal reasoning is being reshaped by a technological development capable of influencing not only how disputes are managed, but how justice itself is conceived and administered. Artificial intelligence represents such a moment. Its rapid integration into legal practice has already begun to transform the work of lawyers, judges, arbitrators, and public institutions. Legal research is increasingly assisted by intelligent systems. Predictive analytics influence litigation strategies. Machine learning supports document review and evidence management. Generative models assist in drafting legal arguments and procedural documents. These developments are no longer experimental; they have become part of contemporary legal reality. Ernest Petrič, Pascal Lamy, Fernando Messias 10 Yet the significance of artificial intelligence extends well beyond operational efficiency. The administration of justice has always rested upon a delicate balance between legal certainty and human judgement, between procedural rules and equitable outcomes, and between technological progress and enduring legal principles. Every major technological innovation has required legal institutions to adapt. Artificial intelligence, however, presents a challenge of a different order. It does not merely provide new tools; it alters the environment within which legal reasoning, institutional decision-making, and dispute resolution take place. The central question is therefore neither technological nor purely legal. It is institutional. How should courts, arbitral tribunals, governments, and international organisations integrate increasingly sophisticated computational systems without compromising judicial independence, procedural fairness, transparency, accountability, and public confidence in the rule of law? The contributions collected in this volume approach this question from complementary perspectives. They demonstrate that the future of litigation and international arbitration cannot be understood solely through the lens of technology. It requires reflection on governance, ethics, public policy, international cooperation, and institutional resilience. Artificial intelligence is simultaneously a legal, economic, political, and societal AI & Litigation 11 phenomenon. Consequently, its governance demands interdisciplinary dialogue and international cooperation. This dialogue is particularly important for the Global South. While many discussions surrounding artificial intelligence continue to be shaped by developments in technologically advanced jurisdictions, the realities confronting many developing legal systems are fundamentally different. Questions of institutional capacity, digital infrastructure, regulatory readiness, and access to justice frequently precede questions of algorithmic sophistication. The challenge is therefore not simply adopting artificial intelligence but ensuring that technological innovation contributes to stronger institutions rather than widening existing inequalities. This broader perspective explains the importance of initiatives such as the Global Academy for Future Governance. By bringing together distinguished jurists, diplomats, arbitrators, academics, policymakers, and practitioners from diverse legal traditions, the Academy creates a space where technological innovation can be examined alongside its ethical, institutional, and geopolitical implications. Such conversations are indispensable if legal systems are to remain both innovative and trustworthy. The pages that follow do not seek to provide definitive answers. Artificial intelligence continues to evolve at a pace that outstrips legislative processes, judicial practice, and regulatory frameworks. What appears innovative today may become routine tomorrow, while entirely new challenges will Ernest Petrič, Pascal Lamy, Fernando Messias 12 inevitably emerge. Rather than offering final conclusions, this volume seeks to contribute to an evolving international conversation about the future of justice in the digital age. One principle, however, remains constant. Technology should strengthen justice, never redefine its purpose. The legitimacy of legal systems has never depended upon computational capacity or technological sophistication. It rests upon something far more enduring: public confidence that disputes will be resolved fairly, independently, transparently, and according to law. Artificial intelligence may enhance legal reasoning, improve efficiency, and expand access to justice, but it cannot replace the ethical responsibility, contextual judgment, and human accountability upon which the administration of justice ultimately depends. The future of law will undoubtedly be shaped by artificial intelligence. The future of justice, however, will continue to be determined by the principles we choose to preserve. It is in that spirit that this volume is offered to its readers, not as a conclusion to an ongoing debate, but as an invitation to continue it. AI & Litigation 13 Event opening note The Changing Landscape of Judicial Practice Ladies and gentlemen, It is a privilege to address you today within the framework of this important initiative organized by the Global Academy for Future Governance. I would like to thank the organizers of this Global Advisory platform for bringing together distinguished participants from government, academia, international organizations, and industry to reflect on the relationship between new technology and the judiciary—one of the most important questions facing contemporary legal systems. We live in an era of profound technological transformation. Digitalization, artificial intelligence, and advanced data systems are rapidly changing how our societies function. Inevitably, these changes are reaching courts, arbitration mechanisms, and the broader legal order. The judiciary, as a central pillar of democratic governance and the rule of law, cannot remain untouched by these developments. Ernest Petrič, Pascal Lamy, Fernando Messias 14 Allow me to add a brief personal reflection from the perspective of judicial practice. During my years serving on, and later presiding over, the Constitutional Court of Slovenia, I experienced firsthand how legal institutions must constantly adapt to social and technological change while preserving their fundamental mission. Judicial work requires careful deliberation, independence, and a deep sense of responsibility toward citizens and constitutional values. Even as new technologies begin to assist legal processes, the ultimate responsibility for justice must always remain with human judges. Technology offers many opportunities for improving the administration of justice. Digital case management, electronic filing systems, and powerful legal databases already allow judges and lawyers to work more efficiently and transparently. Artificial intelligence can assist with legal research, document analysis, and the processing of complex information. These innovations can improve access to justice, reduce delays, and make legal processes more efficient for citizens, businesses, and governments alike. From the perspective of my own country, Slovenia—a relatively small but well-organized European state—we have learned that the strength of a judiciary does not depend on size but on credibility, transparency, and institutional integrity. Over the years, Slovenia has worked to build a judicial system that is independent, accessible, and increasingly supported by modern administrative and digital tools. This experience shows that even smaller countries can develop effective and trustworthy judicial institutions when guided by the AI & Litigation 15 principles of openness, professionalism, and respect for the rule of law. However, with these opportunities come significant challenges. The law evolves cautiously and deliberately, while technology develops at extraordinary speed. Courts therefore face a fundamental task: to integrate technological tools without compromising the fundamental principles that define justice. Artificial intelligence, for example, may help identify legal patterns or assist in analysing large volumes of documents. Yet justice cannot be reduced to algorithms. Judicial decision-making requires interpretation, responsibility, and ethical reasoning. Judges must weigh facts, protect rights, and uphold constitutional principles—tasks that ultimately depend on human judgment and moral accountability. The central question is therefore not whether technology should be used in the legal system but how it should be used responsibly (besides authenticity, credibility, and liability). Technology must remain a tool that strengthens the rule of law, not a mechanism that undermines human dignity, fairness, or judicial independence. These questions are particularly relevant in the context of today’s discussion, “Litigation and International Arbitration in the Age of AI.” This global online gathering brings together experts from government, academia, international organisations, and industry to reflect on how artificial intelligence is transforming dispute resolution. From legal Ernest Petrič, Pascal Lamy, Fernando Messias 16 research and e-discovery to predictive analytics and generative AI, new tools are already influencing litigation strategy, trial preparation, and arbitration practice across jurisdictions. At the same time, these developments raise complex legal and ethical questions. Issues such as authenticity, legality, transparency, confidentiality, and professional responsibility become increasingly important when AI participates in legal analysis or decision support. Courts and arbitration bodies must ensure that trust in legal institutions remain strong, that evidence remains reliable, and that accountability for legal decisions always rests with human actors. Events such as this — convened under the auspices of the Global Academy for Future Governance — are therefore essential. By bringing together policymakers, legal practitioners, scholars, and representatives of international organizations—from trade and labour institutions to economic and technological governance—we create the dialogue necessary to guide technological change responsibly. The future of justice will depend not only on technological innovation but also on our collective ability to ensure that innovation serves law, fairness, and society. In the end, technology will undoubtedly transform many aspects of litigation and arbitration. But the essence of justice must remain human-centered. The authority of courts and arbitral institutions rests not on machines or algorithms, but on the confidence that society places in independent, responsible, and principled decision-makers. AI & Litigation 17 Our task, therefore, is clear: to embrace innovation where it improves justice, while firmly safeguarding the values upon which the rule of law is built. Thank you. gAFg secretariat Dr. Philipe Reinisch Ernest Petrič, Pascal Lamy, Fernando Messias 18 KEY notEs new technology, Artificial Intelligence, and the Judiciary Ladies and gentlemen, It is a privilege to address you today within the framework of this important initiative organised by the Global Academy for Future Governance. I would like to thank the organisers of this Global Advisory platform for bringing together distinguished participants from government, academia, international organisations, and industry to reflect on the relationship between new technology and the judiciary—one of the most important questions facing contemporary legal systems. We live in an era of profound technological transformation. Digitalisation, artificial intelligence, and advanced data systems are rapidly changing how our societies function. Inevitably, these changes are reaching courts, arbitration mechanisms, and the broader legal order. The judiciary, as a central pillar of democratic governance and the rule of law, cannot remain untouched by these developments. AI & Litigation 19 Allow me to add a brief personal reflection from the perspective of judicial practice. During my years serving on, and later presiding over, the Constitutional Court of Slovenia, I experienced firsthand how legal institutions must constantly adapt to social and technological change while preserving their fundamental mission. Judicial work requires careful deliberation, independence, and a deep sense of responsibility toward citizens and constitutional values. Even as new technologies begin to assist legal processes, the ultimate responsibility for justice must always remain with human judges. Technology offers many opportunities for improving the administration of justice. Digital case management, electronic filing systems, and powerful legal databases already allow judges and lawyers to work more efficiently and transparently. Artificial intelligence (AI) can assist with legal research, document analysis, and the processing of complex information. These innovations can improve access to justice, reduce delays, and make legal processes more efficient for citizens, businesses, and governments alike. From the perspective of my own country, Slovenia—a relatively small but well-organized European state—we have learned that the strength of a judiciary does not depend on size but on credibility, transparency, and institutional integrity. Over the years, Slovenia has worked to build a judicial system that is independent, accessible, and increasingly supported by modern administrative and digital tools. This experience shows that even smaller countries can develop effective and trustworthy judicial institutions when guided by the Ernest Petrič, Pascal Lamy, Fernando Messias 20 principles of openness, professionalism, and respect for the rule of law. However, with these opportunities come significant challenges. The law evolves cautiously and deliberately, while technology develops at extraordinary speed. Courts therefore face a fundamental task: to integrate technological tools without compromising the fundamental principles that define justice. AI, for example, may help identify legal patterns or assist in analysing large volumes of documents. Yet justice cannot be reduced to algorithms. Judicial decision-making requires interpretation, responsibility, and ethical reasoning. Judges must weigh facts, protect rights, and uphold constitutional principles—tasks that ultimately depend on human judgment and moral accountability. The central question is therefore not whether technology should be used in the legal system, but how it should be used responsibly (besides authenticity, credibility and liability). Technology must remain a tool that strengthens the rule of law, not a mechanism that undermines human dignity, fairness, or judicial independence. These questions are particularly relevant in the context of today’s discussion, “Litigation and International Arbitration in the Age of AI.” This global online gathering brings together experts from government, academia, international organisations, and industry to reflect on how artificial intelligence is transforming dispute resolution. From legal