Horst Eidenmüller

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Essay
Game Over: Facing the AI Negotiator
Horst Eidenmüller
Statutory Professor for Commercial Law at the University of Oxford and Professorial Fellow of St. Hugh’s College, Oxford.

This Essay is based on my contribution to the University of Chicago Law School symposium on “How AI Will Change the Law” (April 12–13, 2024). I should like to thank the conference participants for their feedback. I am particularly grateful to Omri Ben-Shahar, Genevieve Helleringer, and Klaus Schmidt for detailed comments and suggestions.

AI applications will put an end to negotiation processes as we know them. The typical back-and-forth communication and haggling in a state of information insecurity could soon be a thing of the past. AI applications will increase the information level of the parties and drastically reduce transaction costs. A quick and predictable agreement in the middle of a visible bargaining range could become the new normal. But, sophisticated negotiators will shift this bargaining range to their advantage. They will automate negotiation moves and execute value-claiming strategies with precision, exploiting remaining information asymmetries to their advantage. Negotiations will no longer be open-ended communication processes. They will become machine-driven chess endgames. Large businesses will have the upper hand in these endgames.

Arbitration Corporations Machine Learning
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Essay
Why Personalized Law?
Horst Eidenmüller
Horst Eidenmüller is a Statutory Professor for Commercial Law at the University of Oxford and a Professorial Fellow of St. Hugh’s College, Oxford. He is also a Member of the Berlin-Brandenburg Academy of Sciences and Humanities (BBAW) and a Research Member of the European Corporate Governance Institute (ECGI).

In 1980, the Hofstra Law Review ran a symposium on “Efficiency as a Legal Concern.”

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Down by Algorithms? Siphoning Rents, Exploiting Biases, and Shaping Preferences: Regulating the Dark Side of Personalized Transactions
Gerhard Wagner
Chair for Private Law, Business Law, and Law and Economics at the Humboldt University in Berlin and Academic Director of Humboldt’s LLM program on International Dispute Resolution
Horst Eidenmüller
Freshfields Professor of Commercial Law at the University of Oxford and Professorial Fellow of St. Hugh’s College, Oxford.

The rise of big data and artificial intelligence creates novel and unique opportunities for business to consumer (B2C) transactions. Businesses assemble or otherwise gain access to comprehensive sets of data on consumer preferences, behavior, and resources.

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