Blockchain

Arbitration, Arbitration Awards, Arbitration Proceedings, Blockchain, Enforcement, International arbitration

(Albright StoneBridge Group)/ /Leave a comment

Sometimes, the establishment needs to step aside to let the next promising generation create a new way forward: So it commences with entrepreneurial students at the University of Miami, combining talents of engineering, technology, and international law and arbitration. It is by thinking out of the box that disruptive changes happen and they must in…

Applicable Law, Appointment of arbitrators, Blockchain, Confidentiality, Contract Drafting, New York Convention, Seat of the arbitration

(Shehata & Partners, Maastricht University)/ /2 Comments

This post, which continues the topic considered here and here, discusses the main issues to consider when choosing arbitration to resolve smart contracts disputes, and lists a number of red flags that emerge from a survey of white papers on arbitrating smart contract disputes prepared by the tech community. (1) The Form of Smart Contract…

Blockchain, Contract Drafting

(Shehata & Partners, Maastricht University)/ /Leave a comment

Following up on a previous post, this post provides a number of recommendations for the future landscape of smart contracts. (1) Un-Anonymizing the Identity of the Parties to Smart Contracts: From a purely legal perspective, having a contract entered into by pseudonymous parties raises more than one question. First and foremost, how would one be…

Blockchain, Contract Drafting

(Shehata & Partners, Maastricht University)/ /3 Comments

As described by Max I. Raskin, a blockchain is simply a decentralized ledger for recording digital data in a verified time-stamped manner without the need for a trusted third party. Blockchain technology provides, according to Joseph Bambara, et al., more “security, traceability, and transparency of records…as well as lower operational costs.” In this regard, public blockchains are…

Arbitration, Blockchain, Smart Contracts

(Blaney McMurtry LLP)/ /Leave a comment

In recent years, consumers, governments, and public interest groups have increasingly raised concerns over human rights abuses in the mining sector. Businesses are facing growing pressure from the public in this regard and various countries have as a result adopted legislation imposing a variety of due diligence and reporting obligations on corporations sourcing and using…

Blockchain, International Arbitration Procedures, LegalTech, Reputational Systems, Technology

(QIL + 4 ABOGADOS / Universidad Francisco Marroquín)/ /1 Comment

Under arbitration, the parties submit their disputes to an arbitral tribunal (or sole arbitrator) who rules on pre-hearing disputes, conducts the arbitration, and issues a binding award on the parties.  However, the desirability of arbitration as a dispute-resolution mechanism rests largely on the perception of the reputation of the arbitrators. On the one hand, the…

Arbitration, Arbitration Proceedings, Blockchain

/ /1 Comment

Until a few decades ago, international arbitration was perceived to be a quick and inexpensive way of resolving disputes. However, the proliferation of legal rules, the disclosure of voluminous documents, complex technical evidence and over-lawyering have, to a large extent, hollowed that boast and made it appear somewhat of an urban myth. Quite recently though,…

Arbitration, Blockchain, Cryptocurrency

(Blaney McMurtry LLP)/ /Leave a comment

Dena Givari assisted by Ralph Cuervo-Lorens Yes, there is something to be said on this topic. The first page of the Google search results for the term “smart contracts blockchain” shows an article with the following first line: “Smart Contracts: The Blockchain Technology That Will Replace Lawyers”. While overly dramatic, the sentiment that blockchain technology…

Arbitration, Blockchain, New York Convention, Online Dispute Resolution, UNCITRAL

(Schellenberg Wittmer )/ /4 Comments
YSIAC

The tech revolution has been underway for some time now but has only recently come to the forefront of the general public’s consciousness from the explosion in attention to bitcoin. The progress of technology has allowed it to creep into the domain of alternative dispute resolution. There is now online mediation, online arbitration, and even…

Arbitration, Blockchain, Cryptocurrency

(Herbert Smith Freehills)/ /2 Comments
Herbert Smith Freehills

Blockchain and its potential applications are well-documented by technologists and early-adopters. Over the last 12 months, however, this technology has started to take centre stage in more mainstream industry discussions. With the price of Bitcoin spiking early this year (following which the cryptocurrency lost over 50% of its value), blockchain has become big news and…

Adjudication, Arbitration, Artificial Intelligence, Blockchain

(Quinn Emanuel Urquhart & Sullivan, LLP)/ /5 Comments

Besides the inverted initialism, what does international arbitration (“IA”) and artificial intelligence (“AI”) have in common? Sure, both IA and AI are leading alternatives to the status quo: IA to traditional dispute resolution, AI to traditional methods of production. The former promotes freedom from the judiciary, the latter freedom from cognitive limitations. Beyond that, comparisons…