TDM Special Issue on "Cryptocurrencies and Other Digital Assets in Arbitration" - Introduction
Article from: TDM 1 (2026), in Editorial
Introduction
Cryptocurrency and digital assets are reshaping not only markets, but the way disputes arise and are resolved. Arbitration is often viewed as a natural fit for this evolving landscape, offering flexibility, neutrality, and cross-border enforceability. Yet the decentralized and technologically complex nature of digital assets challenges many of arbitration's foundational assumptions. Concepts such as jurisdiction, seat, consent, and even the characterization of the underlying asset at times require a different approach in a system designed to operate without clear geographic or legal anchors.
This special issue explores how arbitration is adapting to these issues. It highlights a range of challenges: from jurisdictional uncertainty and the enforceability of arbitration agreements, to evidentiary complexity, valuation in volatile markets, and the growing role of technical expertise. It also considers disputes across both consumer and commercial contexts, where standardized digital contracting and platform dependencies introduce new challenges and opportunities.
At the same time, the contributions reflect a forward-looking perspective. Emerging models, including smart contracts and decentralized dispute resolution mechanisms, suggest that arbitration may not only respond to technological change, but become embedded within it. The result is likely to be a more hybrid system-one that continues to rely on legal frameworks and approaches, while increasingly interacting with, and at times being reshaped by, technological advances. This ongoing dialogue between legal doctrine, technological innovation, and market practices is critical in resolving some of the challenges facing arbitration in the crypto currency and digital asset space and also capitalizing on some of the opportunities.
We hope that this special issue will contribute to that dialogue and provide both scholars and practitioners with a deeper understanding of the opportunities and challenges that lie ahead.











