The principle of due diligence as a means of risk management when using artificial intelligence in commercial proceedings

The article is devoted to the definition of risks that arise when using artificial intelligence in commercial proceedings and the justification of the expediency of applying the principle of due diligence to prevent risks that arise when using it in the absence of proper legal regulation of this process. Article 16 of the Code of Judicial Ethics provides for the admissibility of the use of artificial intelligence technologies by a judge if this does not affect the independence and impartiality of the judge, does not concern the assessment of evidence and the decision-making process and does not violate the requirements of the legislation. However, the Code of Civil Procedure of Ukraine does not contain provisions that would determine the procedure for such use in commercial proceedings by the judge himself and other participants in the commercial proceedings, taking into account the risks that arise from the use of artificial intelligence. The following conclusions are drawn. The use of artificial intelligence in commercial litigation creates certain advantages: solving the problem of court overload, speeding up the consideration of court cases, minimizing the influence of the human factor to eliminate judicial arbitrariness, facilitating the conduct of the process, minimizing judicial errors. At the same time, there are risks when using it in commercial litigation: 1) informational; 2) errors in judicial decisions that may arise due to the imperfection of artificial intelligence; 3) lack of transparency in the development and operation of artificial intelligence systems, which may lead to bias or even discrimination when forming results by artificial intelligence and, as a result, the formation of biased judicial decisions; 4) risk associated with the human factor; 5) security; 6) ethical risk. In the absence of relevant amendments to the Code of Civil Procedure of Ukraine, the management of risks arising from the use of artificial intelligence in commercial proceedings should be based on the principle of due diligence, which has been developed by the domestic judicial system. In the context of its application to manage the risk associated with the use of artificial intelligence in commercial proceedings, it consists in the fact that when using it, a person must act thoughtfully, prudently, in good faith and prudently, introducing all necessary security measures.