"Smart litigation under the Civil Procedure Law – Future prospects"

Abstract

This research aiming to analyze the concept of smart litigation as a novel judicial model based on artificial intelligence (AI) technologies. It distinguishes this model from traditional e-litigation by focusing on its functional and legal impact. The study evaluates the compatibility of Iraq’s Civil Procedure Law with smart litigation, reviews leading international and Arab experiences, and proposes legislative reforms to integrate intelligent systems without undermining traditional judicial guarantees. The research concludes that Iraq’s current legal framework is not adequately prepared for this transition without a fundamental overhaul of procedural provisions. It also emphasizes that achieving a balance between technological advancement and constitutional safeguards requires a smart legislative structure that enhances judicial efficiency while preserving litigants’ rights.