Smart Contracts and Dispute Resolution

Abstract

This chapter explores the evolving landscape of ‘online dispute resolution’. Elaborating on the features of private, blockchain-based dispute resolution mechanisms, customer preference, and the demands of the rule of law, it looks to recent developments in the United Kingdom as one approach to resolving the apparent tension between (state) justice systems and parallel dispute resolution systems that are often transnational by design. These questions about dispute resolution shed light back on the core question in this volume: what is the legal effect of code, in all the circumstances, and how do we describe the dynamics of interaction between the legal system and novel, technology-enabled actions?