The impact of blockchain technologies and smart contracts on dispute resolution: Arbitration and court litigation at the crossroads
Development summary
This peer-reviewed article by Pietro Ortolani, published in the Uniform Law Review, addresses the twofold impact of blockchain technologies and smart contracts on dispute resolution. According to the source, these technologies may allow parties to devise self-enforcing arbitral systems that largely bypass recognition-and-enforcement procedures, while blockchain-related ICO disputes have also prompted jurisdictional questions for state courts, given the difficulty of reconciling blockchain’s decentralised structure with the territorial approach used to allocate jurisdiction.
Research note
Issue
How blockchain technologies and smart contracts affect dispute resolution, including whether state courts have jurisdiction over blockchain-related ICO disputes in a setting where self-enforcing arbitral systems may bypass recognition-and-enforcement procedures.
Concepts
Academic details
“The impact of blockchain technologies and smart contracts on dispute resolution: arbitration and court litigation at the crossroads”
Uniform Law Review · 2019
DOI 10.1093/ulr/unz017