Qatar introduces new AI usage rules for courts

Qatar International Court and Dispute Resolution Centre (QICDRC) has issued a new procedural directive, which will apply to all litigants and representatives appearing before courts or tribunals in the country from the start of this year.

It comes after an unnamed Dubai-based lawyer was found to have cited several cases which did not exist during an employment claim brought last year. The cases were discovered to have been invented by AI tools used in preparing materials for the case, the first instance of its kind coming before the court.

The lawyer was found in contempt of court and breach of Qatar Financial Centre’s article 35.2 for citing fake cases, but had his identity withheld to prevent a ‘disproportionately harsh penalty’ for his error.  However, the court warned it would not anonymise similar instances in future.

Now the QICDRC has spelled out expectations on legal representatives to verify anything that has been generated using AI tools, acknowledging that while the use of artificial intelligence in preparing material is welcomed for its “potential to reduce cost and promote greater effectiveness”, those appearing before the court have a duty to ensure the accuracy of what they are presenting.

The directive means that, while pre-emptive declaration of using AI for cases is not required unless specifically asked for by the court, its disclosure may be required to other parties for fairness and good faith.

Documents which use AI-generated content must be identifiable, and the representatives must be able to explain how the output had been verified, with an affidavit potentially required. Any video or audio evidence which uses AI must be declared as such to the court or will face being excluded.

It also warns that representatives may not solely rely on AI for preparing material, and that confidential, or privileged information may not be entered into an AI tool unless its privacy and security can be guaranteed.