Abstract

(Minor revisions 17/12/2021) Nowadays there are several projects around the world, using blockchain to automate alternative dispute resolution, and specifically arbitration, the most popular ones being Kleros, Smart Justice and CodeLegit. Despite recent developments regarding blockchain-based decision-making and blockchain-based arbitration, currently there is no regulation addressing how to preserve due process in transnational blockchain-based arbitration. Regulation around the subject poses serious challenges, the main one being the definition of the applicable jurisdiction to a blockchain-based arbitration. In light of the boom of this type of dispute resolution mechanism and its inherent jurisdictional challenges, the proposal is to develop a series of guidelines that if embedded in the coding of blockchain-based arbitration applications - Lex Cryptographia - could ensure due process.