The Legal Responsibility of Electronic Intermediaries in Concluding International Trade Contracts (Using Artificial Intelligence)

Abstract

International trade contracts are among the most important tools for facilitating cross-border commercial transactions. They regulate the relationship between parties from different countries, defining the rights and obligations of each party. They also serve as a means to avoid disputes between parties, as they allow for the determination of the applicable law and appropriate dispute resolution mechanisms. This contributes to the growth of the global economy and strengthens the role of trade and international relations. Consequently, contracting parties seek to choose the most suitable means for concluding and executing these contracts. One of the most important of these means today is artificial intelligence (AI) technology, which represents one of the most important fields of computer science dedicated to developing computer programs that possess a degree of autonomy in analysis, deduction, and making intelligent decisions automatically. This has prompted many giant corporations and countries to undergo digital transformation by acquiring artificial intelligence systems to enhance their business operations and keep pace with all the developments accompanying this technology, to the point that the use of artificial intelligence has become a benchmark for economic growth.

Iraq is among these countries that have begun to strongly embrace a digital transformation policy in an attempt to keep up with the times and keep pace with all scientific and technological developments. This research is important in highlighting artificial intelligence technology, its application in the legal mechanisms of international trade contracts, and its impact on the rules of commercial law.

Our research also addresses the problem of the absence of legal texts governing artificial intelligence (AI) matters, as well as the virtual nature of AI and its functional independence as one or both parties in international e-commerce contracts. The research seeks to answer several key questions, including: What is meant by an electronic intermediary using AI technology, and what are its characteristics? Furthermore, what is meant by artificial intelligence, and what are its approved applications in commercial law? To what extent does the electronic (intelligent) intermediary possess legal personality? The study employs both descriptive and analytical methods and is divided into two sections. The first section clarifies the legal concept of an electronic intermediary in the field of AI, defining its types and explaining the applications of AI in concluding international trade contracts using blockchain technology. The second section examines the provisions governing liability arising from the actions of an electronic intermediary using AI technology, the legal basis for the enforceability of these actions against their users, and the nature of the electronic intermediary's liability in concluding international trade contracts using AI.

Our research also includes an introduction to provide background information on the topic and a conclusion summarizing the most important findings and recommendations.