ODR Mechanisms on Blockchain Platforms and the Governing Law in International Commercial Disputes: Focusing on the Direction of Amendments to the Korean Arbitration Act

Abstract

Purpose: This study analyzed Smart contracts based on Distributed Ledger Technology (DLT), which offer new possibilities for automating and decentralizing the entire dispute resolution process—from filing and evidence preservation to arbitrator selection and the enforcement of awards. Research design, data, and methodology: These developments simultaneously introduce critical challenges in private international law, including determining the governing law, establishing the seat of arbitration, and ensuring the legal validity of awards within crossborder distributed networks. Results: This study classified and analyzed the types and technical characteristics of blockchain-based ODR. It evaluated the applicability and limitations of the Korean Arbitration Act (as amended in 2016) regarding transnational commercial disputes. Conclusions: This paper proposes legislative directions for the refinement of the Korean Arbitration Act and related frameworks through a comparative legal analysis of international norms—including the UNCITRAL Technical Notes (2017), the Hague Principles (2015), and EU ODR Regulations.