The use of artificial intelligence in corporate decision-making at board level: a legal analysis

Over the past decade, artificial intelligence (AI) has steadily emerged in the boardrooms of innovative companies. These companies employ AI to assist human directors, and in a few cases even try to replace a human director. However, existing company laws are not adapted to the implementation of AI at this level of corporate decision-making, as these frameworks are tailored to human decision-makers. This creates legal uncertainty about the lawfulness of AI-assisted decision-making and about its implications for liability, which in turn may lead to a suboptimal level of using AI, even where it could contribute to superior decision-making. The PhD aims to classify various kinds of AI on the basis of their potential role in governance decisions, analyse the legal issues raised by it and suggest changes to the law to enable but also limit the use of AI in these governance decisions where appropriate. My approach will mean an advance compared to existing literature in that it will be more comprehensive, more comparative (Delaware, the UK and EU), will not be limited to the question of AI “directorships” and will suggest changes to the legal framework.