The Determination of the Seat in Blockchain-based Arbitration: The Quest for the Closest Connection in a Decentralised Legal Vacuum

S. Hourani
S. Hourani
Y. Farah MCIArb, SFHEA
Y. Farah MCIArb, SFHEA

Published 17 March 2026

Introduction

The paper first delves into an explanation of blockchain-based arbitration and its system of self-governance by the law of code in section II. Section III then analyses the current position of the law on the determination of the lex arbitri in international arbitration and the current gaps in the law regarding the closest connection for the determination of the arbitral seat in blockchain-based arbitration. Sections IV and V explore the recent case law and policy developments on the determination of the relevant forum to hear disputes arising from web3-based transactions, and Section VI conducts an analysis of the potential impact of these recent developments on finding the closest connection in blockchain-based arbitration procedures.

This paper will be part of the TDM Special Issue on "Cryptocurrencies and Other Digital Assets in Arbitration". More information here www.transnational-dispute-management.com/news.asp?key=2080

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Suggested Citation

S. Hourani; Y. Farah MCIArb, SFHEA (2026, forthcoming) "The Determination of the Seat in Blockchain-based Arbitration: The Quest for the Closest Connection in a Decentralised Legal Vacuum"
(TDM, ISSN 1875-4120) March 2026, www.transnational-dispute-management.com

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