Access to Evidence Orders in EU Procedural Law: Meeting the Challenges of AI-Related Litigation

This article explores the complexities of liability disputes arising from AI-related damages and examines the procedural challenges they pose, along with some solutions that EU law aims to implement. Section i introduces the nature of these disputes and their growing relevance in an ai-driven society. Section ii explores the concept of vertical harmonization of procedural laws in Europe through the case of court-ordered disclosure, discussing the fragmented legal landscape, the current harmonized rules, and the potential unifying role of the eli/unidroit Model Rules. Section iii delves into upcoming EU procedural rules for ai-related litigation, focusing on access to evidence as proposed in two upcoming Directives. The final section offers conclusive remarks on the pursuit of truth in the context of litigation on damages caused by AI, emphasizing the need for robust regulatory approaches to address the unique challenges posed by advanced technologies.