ETHICAL PRINCIPLES AS A SOURCE OF LEGAL CERTAINTY IN THE USE OF AI IN INTERNATIONAL COMMERCIAL CONTRACTS: THE PROBLEM OF IMPLEMENTATION
DOI:
https://doi.org/10.5281/zenodo.19642274Abstract
This paper examines the problem of implementing ethical principles of artificial intelligence (such as fairness, explainability, and non-discrimination) in international commercial contracts. It argues that, without being transformed into measurable contractual terms, ethical standards remain declaratory and lack enforceability. Using the example of a “correlation error”—an algorithmic refusal to engage with a counterparty based on statistical data that does not violate formal legal norms—the paper demonstrates the necessity of contractual mechanisms, including disclosure of methodology, quantitative deviation thresholds, and independent ethical review. It further analyzes institutional limitations of arbitration and issues related to risk allocation. The conclusion is that legal certainty requires a shift from general principles to operational contractual indicators.
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