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Smart Arbitration for Smart Contracts?
By Sergey Alekhin for
Kyiv Arbitration Days 2018
Session 3
Kyiv, 14 September 2018
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Challenges
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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
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Blockchain-backed dispute
resolution solutions
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Multisig (inherent)
DAMN (abandoned)
Kieros (luck and game theory)
Juris
Cryptonomica (“LCIA”)
Confideal (pre-selection of arbitrator)
SAMBA (just announced)
Coinlancer (“freelance tribunal”)
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Cybersecurity
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Duty of arbitrators?
Duty of counsel?
Role of arbitral institutions?
Role of service providers?
ICCA - CPR – NY Bar Cybersecurity Protocol
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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