Open Access Research Article

AI-ASSISTED CORPORATE DECISION-MAKING AND DIRECTORS’ FIDUCIARY DUTIES UNDER INDIAN LAW: ACCOUNTABILITY AND LIABILITY FOR ALGORITHMIC DECISIONS

Author(s):
SONALI KUMARI SHINE PRAVEEN
Journal IJLRA
ISSN 2582-6433
Access Open Access
Volume 3
Issue 8
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Abstract

The growing use of AI in corporate governance poses certain issues regarding the exercise of the duty of care and the assignment of liability for algorithm-assisted decisions. AI may help corporate boards in predicting the finances of their company, assessing risk, strategising, monitoring, and making investments. However, the usage of such a technology poses the issue of the possible bias of algorithms, the problem of transparency of such tools, data integrity, automation bias, and the possibility of reduction of human accountability. This paper will discuss whether the principles of corporate law are sufficient for the regulation of the directors who use recommendations of AI and whether the directors are able to rely on such recommendations without breaching the principles of duty of care, duty of good faith, duty of loyalty, and duty of independent judgment. The paper will analyse the liability of the directors, companies, AI creators and developers, and technology providers. Indian corporate law and other international jurisdictions will be discussed.   Keywords: Artificial Intelligence; Corporate Governance; Directors’ Fiduciary Duties; Section 166; Algorithmic Accountability; Board Oversight; Indian Company Law.

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Authors: SONALI KUMARI & SHINE PRAVEENRegistration ID: 1013609 | Published Paper ID: IJLRA13609 & IJLRA13610Approved ISSN: 2582-6433 | Country: Delhi, India

Article Information

AI-ASSISTED CORPORATE DECISION-MAKING AND DIRECTORS’ FIDUCIARY DUTIES UNDER INDIAN LAW: ACCOUNTABILITY AND LIABILITY FOR ALGORITHMIC DECISIONS

Authors: SONALI KUMARI, SHINE PRAVEEN

  • Journal IJLRA
  • ISSN 2582-6433
  • Volume 3
  • Issue 8
Citation Download Paper Full Details Search on Google Search on Google Scholar

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International Journal for Legal Research and Analysis

  • AbbreviationIJLRA
  • ISSN2582-6433
  • AccessOpen Access
  • LicenseCC 4.0

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