Smart Arbitration for Smart Contracts?

By Sergey Alekhin for

Kyiv Arbitration Days 2018

Session 3

Kyiv, 14 September 2018

Challenges

Inherent limitations of smart contracts

Complex conflict of laws issues

Infringement of public order principles / Illegality

Misrepresentation / duress

Regulatory considerations (ICO)

Adapting / updating legislation & arbitration rules

Lawyer / software dev’ symbiosis

Security

Blockchain-backed dispute

resolution solutions

Multisig (inherent)

DAMN (abandoned)

Kieros (luck and game theory)

Juris

Cryptonomica (“LCIA”)

Confideal (pre-selection of arbitrator)

SAMBA (just announced)

Coinlancer (“freelance tribunal”)

Cybersecurity

Duty of arbitrators?

Duty of counsel?

Role of arbitral institutions?

Role of service providers?

ICCA - CPR – NY Bar Cybersecurity Protocol

Announcement:

“Cyber-secure arbitration in the digital age”

Paris-based working group composed of lawyers, academics, and legislators

Details to come in Sept-Oct ‘18