Companies in difficulty in the face of emerging artificial intelligence tools: Towards the legalization of artificial intelligence tools in the service of the early anticipation of warning signs

Abstract

The principal objective of this study is to initiate a reflection on contemporary challenges, particularly those arising from the ongoing digital transmutation and its multifaceted repercussions—both disruptive and transformative—upon the administration of justice in general and commercial justice in particular. This reflection is structured around both anticipatory and curative approaches to corporate distress, with a view to addressing difficulties likely to jeopardize the national economic fabric, while simultaneously highlighting the factors capable of hindering the competitive capacity of Moroccan enterprises within both domestic and international market spaces. In a context where digital technologies, Big Data, data analytics through machine learning, and data mining are profoundly and enduringly reshaping the practice of corporate insolvency law, it becomes imperative to respond to the challenges and emerging models of economic development generated by the digital revolution. In this regard, recourse to sophisticated algorithms proves essential in identifying early warning signals and in delivering rapid and targeted responses to the risks confronting enterprises, with the ultimate aim of safeguarding their operational continuity and long-term viability. This perspective calls for the implementation of a novel algorithmic framework capable of integrating both structural and cyclical adjustments affecting enterprises that may be exposed to causes—whether endogenous or exogenous—liable to threaten the sustainability of their business operations. The deployment of a more sophisticated algorithm should therefore enable the calibrated detection of risks—neither prematurely nor belatedly—thereby providing corporate management with timely and meaningful alerts. The central objective of such a mechanism lies in structuring a system of early anticipatory monitoring, designed to ensure that corrective measures may be contemplated and implemented at an appropriate stage. Accordingly, the continuous monitoring of enterprises through an anticipatory algorithmic system is intended to facilitate enhanced coordination among all stakeholders involved in this emerging framework of early corporate support and intervention.