Legal forms and ways of application of artificial intelligence technology in making corporate decisions by the board of directors: problems and prospects

Kutafin Moscow State Law University, Moscow, Russia

^* Corresponding author: ovsushkova@msal.ru

Abstract

This study investigates the impact of scientific and technological advances and adaptation of artificial intelligence on corporate governance practices. It applies or can be applied in three dimensions - business, technology, and society. Therefore, to assess the necessity, feasibility, effectiveness, and responsibility of decision-making automation at the Board of Directors (supervisory body of a legal entity) to ensure effective corporate governance, it is necessary to consider all normative regulators in the field of corporate law. Based on an assessment of the potential and limitations of human and machine learning for effective decision-making at the level of the collegial governance body, the Board of Directors, the paper proposes five AI-based governance scenarios, i.e., supportive, augmented, enhanced, autonomous, and autopoietic, that can shape the governance of organizations today, tomorrow, and in the future. It is important to understand the implications of such AI-enabled governance in the areas where the Board is empowered to make certain corporate decisions.