Guide on AI and litigation

Artificial intelligence is reshaping litigation faster than any development in recent legal memory, and the law is struggling to keep pace.

This Guide, prepared under the auspices of the IBA Litigation Committee, offers a practical, comparative picture of how that challenge is being met across more than forty jurisdictions. Working from a common questionnaire, contributors in each jurisdiction survey the legislation, regulatory and professional guidance, judicial direction and emerging case law that now govern the use of AI by lawyers, litigants and the courts themselves.

Several themes recur. Few jurisdictions have yet enacted AI-specific legislation, relying instead on existing legal frameworks and fast-evolving professional guidance. Courts around the world are confronting a wave of fabricated, AI-generated citations, alongside harder questions about confidentiality, privilege and the integrity of evidence, as was well as judges' own usage of the evolving technology in the decision-making process.