Lex Cryptographia Guidelines for Ensuring Due Process in Transnational Blockchain-Based Arbitration: Study on the Kleros Model
-
-
G. Cosío Patiño
Published 7 December 2021
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.
To read this article you need to be a subscriber
Subscribe
Fill in the registration form and answer a few simple questions to receive a quote.
Subscribe now
Suggested Citation
G. Cosío Patiño (2021, forthcoming) "Lex Cryptographia Guidelines for Ensuring Due Process in Transnational Blockchain-Based Arbitration: Study on the Kleros Model"
(TDM, ISSN 1875-4120) December 2021, www.transnational-dispute-management.com
Other recently published material:
The Validity of Arbitral Awards and the Public Policy Nature of International Sanctions
11 March 2024
Now available "Climate Change Arbitration: Using the Energy Charter Treaty to Enforce the New European Green Deal" - TDM 1 (2024)
8 March 2024
Now available "Different Paths to the Same Goal? The Potential of BITs and FTAs for Achieving Climate Objectives" - TDM 1 (2024)
19 February 2024
How China's Anti-Foreign Sanctions Law Affects International Arbitration Proceedings in China
19 February 2024
La "Sede Ciudad de México" en el arbitraje comercial internacional bajo el contexto de la relocalización cercana en México. Consideraciones en base a un precedente judicial reciente
15 February 2024
Complete listing of Advance publication.