The year 2023 bore witness to the rise of ChatGPT, a development which prompted a flurry of commentary on the implications of the use of generative artificial intelligence (AI) in international arbitration. Contributing writers continued to show interest in the resolution of blockchain-related disputes, as well as the development and use by arbitral institutions of…

Certain blockchain-related disputes, such as those arising from the trading of cryptocurrencies, smart contracts, and the deluge of disputes resulting from the collapse of any cryptocurrency or token, are inevitable teething issues in the maturation of the blockchain. These disputes are likely to be resolved by both conventional and alternative dispute resolution (ADR) methods in…

The Seoul ADR Festival (“SAF”) 2023, hosted by the Korean Commercial Arbitration Board (“KCAB”) INTERNATIONAL, was held from 30 October to 3 November 2023. The 12th Asia-Pacific ADR Conference, the flagship event of SAF 2023, took place on 1 November 2023 and was attended by approximately 300 participants on-site as well as other attendees simultaneously joining the conference…

I first discovered the resemblance between the concepts involved in blockchain arbitration and John Rawls’ ‘veil of ignorance’ while conducting research on the metaverse and arbitration. With the recent enforcement of a blockchain arbitration award by a Mexican Court, it is appropriate to take a step back and analyze the relevance of Rawls’ 1971 theory…

“Crypto assets” are a relatively new phenomenon. Born in 2008 with the creation of Bitcoin, they have since massively increased in price, adoption rate, and popularity, at least until 2021, when the overall market value peaked. After such highs, we entered a “crypto winter” (explored on the blog here), with a reported drop of over…

On the morning of Friday 16 September 2022, to the sound of the Star Wars theme, the first edition of the Future of Technology in Arbitration 2022 conference, a.k.a. FOTA22, officially began. Delving into many interesting topics, the organizers ensured plenty of opportunities for the participants to have an active say in what was being…

On 25 March 2022, as reported inter alia by Bird & Bird who acted for the successful defendants, the High Court of Justice in England (hereinafter the “High Court” or “Court”) rendered its eagerly-awaited judgment in the dispute between Tulip Trading Limited v Bitcoin Association & others. An alleged hack had prevented Tulip Trading Limited (“TTL”),…

As part of the 2022 Paris Arbitration Week, Bird & Bird, with the support of ArbTech and the Chartered Institute of Arbitrators (CIArb), held an event on “Blockchain, NFTs, and the metaverse: Is arbitration ready to verse into a new universe?”. Paris-based international arbitration partner Jalal El Ahdab (Partner, Bird & Bird) and IP partner…

At the YSIAC Conference 2021 ARBXTalk symposium at the end of 2021, it was noted that “[a] consensus shared amongst the panellists was that arbitral disputes surrounding [cryptocurrencies, blockchains and non-fungible tokens; collectively, ‘digital assets’] do not differ greatly from disputes in other industries beyond the change in underlying subject-matter of the disputes.” Yet even…

As part of the 2022 Paris Arbitration Week, several sessions were held in (relation to) the metaverse. This post provides an overview of the discussions held by the third panel during the 6th ICC European Conference (“Debate on Metaverse: Will Arbitration be the Arena of Web 3.0 Conflict? A Dispute Resolution Minefield Coming from the…

A recent VICE Motherboard article highlights an intriguing innovation at the intersection of crypto tech and litigation finance. The topic has caused quite a stir, including a thought-provoking discussion on ArbTech, an online forum on technology and dispute resolution. This post reports on this innovation, and expands upon the ArbTech discussion. The innovation concerns Ryval,…

In 2005, Julian Lew spoke of his dream of autonomous arbitration – i.e., arbitration that is free from state interference. The theory of autonomous arbitration has remained a much-debated topic, with the most recent observation (by Ralf Michaels) being that autonomous arbitration does not exist and probably could not exist.1) Ralf Michaels, ‘Is Arbitration Autonomous’…

On 28 May 2021, for the first time in blockchain arbitration history, Mexican courts enforced an arbitral award relying on a blockchain arbitration protocol (“Blockchain Arbitral Award”), as explored in the report found here (“Carrera Report”) (see the Appendix for the Blockchain Arbitral Award, which is in Spanish).   This decision is of great significance for…

The Second Edition of the Washington Arbitration Week took place from 29 November to 3 December 2021, hosting 16 panels, including two hybrid panels with both in-person and virtual attendees. This post highlights the panel on ‘Investment Treaty Arbitration in the Digital Era: Using BITs to protect Cryptocurrency Investments?’ Cristen Bauer (U.S. Department of Commerce)…

On 10 November 2021, YSIAC Conference 2021 ARBXTalk and panel discussion canvassed a myriad of dynamic developments in the arbitration space, amongst which included the impact of cryptocurrency, blockchain and non-fungible tokens (“NFTs”) (collectively referred to as “CBNFT”) on arbitral disputes, the enforcement of awards, and how practitioners can adapt to digital transformations and disruptions…

Introduction – What is Binance? The rise of the cryptocurrency industry has spawned some of the fastest growing and most profitable companies since the original dotcom boom, with those like Coinbase, which was valued at almost US$100 billion after its recent IPO, being prime examples. However, Coinbase, as a cryptocurrency exchange, is dwarfed by the…

Technology continues to transform the practice of law at a blistering pace – something obvious to all of us who suddenly find ourselves holding Zoom meetings from home in professional tops – and pyjama bottoms.  However, technology’s continuing integration into the daily fabric of dispute resolution is much more than endless Zoom meetings, or even…

On the second day of the Hong Kong Arbitration Week 2020, the British Institute of International and Comparative Law (“BIICL”) hosted a virtual workshop on the impacts of technology and the pandemic which allows (or rather, demands) us to “re-imagine” arbitration.   Smart Contracts, Blockchain and Cryptocurrencies The first panel discussion addressed “Smart Contracts, Blockchain…

International arbitration (IA) maintains its popularity as business’ premier choice of dispute resolution in the 21st century. This does not mean that the process is free from criticism which raises the question how IA attracts and retains the trust of its users in spite of its limitations. The question of trust comes to the fore…

With the rise of e-contracts and smart contracts in commercial transactions globally, it becomes important to analyse developments in ADR such as blockchain arbitration. The concept of blockchain arbitration is very recent and it seeks to use the advantages of the technology in dispute resolution (how blockchain arbitration works can be read here). However, one…

We are happy to inform you that the latest issue of the journal is now available and includes the following contributions: Annette Magnusson, ‘Foreword: The Story of the Stockholm Treaty Lab’ (2019) 36 Journal of International Arbitration, Issue 1, pp. 1–6 In 2015, the world community adopted the Paris Agreement and the Sustainable Development Goals,…

Parties to arbitration, just like “millennials”, are dependent on digital data and network systems. Currently, most of the data created is used and stored in digital formats using internet and computer technology. This should not be surprising; the online world enables people to interact and behave in new and efficient ways. However, the resulting dependence…

Indicating signals of the evolution of international arbitration, as a response to the need to keep up with a globalised legal and financial market, is not an easy task. It is not an easy task because of the different ways evolution is perceived by different circles. For some, a wind of change in international arbitration…

For those of us interested in the intersection of technology and law, 2018 has been a fascinating year. Lawyers across jurisdictions, areas of expertise, and industries have engaged in debates about the use of emerging technologies and the impact that they will have on the future of the legal industry. Blockchain, smart contracts, artificial intelligence…