Blockchain Papers

Todd Phillips

No abstract is available for this record.

María Claudia Solarte-Vásquez, Mait Rungi, Katrin Nyman-Metcalf

Purpose This paper aims to report on signs of public awareness and empowerment among the general public that are presumed to determine the viability of the smart contracting (SC) approach and identifies prevailing concerns regarding individual transactional experiences. Design/methodology/approach A mixed approach was followed to explore perceptions of self-regulation and transaction friendliness by using an interpretative multiple case study method and by presenting a descriptive summative analysis of the data. Findings On self-regulation, the study reveals spread awareness, empowerment, contractual competences and responsibility. Regarding transaction friendliness, subject matter influences transaction experiences the most, and trust and engagement are the most problematic factors. The findings support the viability of SC, endorsing the application of proactive perspectives in legal and managerial practice. Research limitations/implications The study confirms the foundational assumptions of SC, identifies key transactional issues that should be further addressed to improve the functionality of digital trade environments and contributes to the consolidation of the legal design research field on transaction usability. Practical implications The findings point to the viability of SC. Organizations and practitioners are given indications on transaction upgrade priorities and invited to adopt and help disseminate the proposal. Social implications The expansion of a collaborative transactional culture can reduce legal disputes, improving the legal environment of business and strengthening private governance regulatory models. Originality/value This is the first empirical study on the viability conditions of the SC-approach, identifying transactional usability testing and intervention priorities.

Jos van Hillegersberg, Jonas Hedman

While global sourcing arrangements are highly complex and usually represent large value to the partners, little is known of the use of e-contracts or smart contracts and contract management systems to enhance the contract management process. In this paper we assess the potential of emerging technologies for global sourcing. We review current sourcing contract issues and evaluate three technologies that have been applied to enhance contracting processes. These are (1) semantic standardisation, (2) cognitive technologies and (3) smart contracts and blockchain. We discuss that each of these seem to have their merit for contract management and potentially can contribute to contract management in more complex and dynamic sourcing arrangements. The combination and configuration in which these three technologies will provide value to sourcing should be on the agenda for future research in sourcing contract management.

Rohith P. George, Brad L. Peterson, Oliver Yaros, David L. Beam · 6 authors

Purpose To introduce blockchain in simple terms for business lawyers to be able to spot the right issues and ask the right questions. Design/methodology/approach This article provides an overview of blockchain, identifies two example use cases, and highlights some of the most pressing legal issues, including issues to address in on-chain programming, off-chain agreements and other issues when determining whether to implement a blockchain solution. Findings This article concludes that there has been a significant growth in investment and interest in blockchain. Numerous companies across different sectors have developed blockchain proof-of-concepts, with some heading towards production deployments. At this point, commercial blockchain is largely in the pilot or proof-of-concept stage across a wide range of use cases, with payments and supply chain being two of the most promising use cases. This article also identifies possible legal issues associated with blockchain. Practical implications Despite the growing interest in blockchain, it is still a novel topic to many business lawyers. It is very important that lawyers are able to identify the right issues and ask the right questions. Originality/value Practical guidance from experienced lawyers in the Technology Transactions and Financial Services Regulatory & Enforcement practices.

Joshua G. W. Bernstein

No abstract is available for this record.

Adam J. Sulkowski

No abstract is available for this record.

Helena Haapio

No abstract is available for this record.

María Claudia Solarte-Vásquez, Natalia Järv, Katrin Nyman-Metcalf

No abstract is available for this record.

Carla Reyes, Nizan Geslevich Packin

No abstract is available for this record.

Claire A. Hill

Complex business contracts are notoriously difficult to write and read. Certainly, when litigation arises, courts scarcely have an easy time interpreting them. Indeed, contracts don't look at all as though they are written to tell a court what the parties want. Why can't smart, well-motivated lawyers do a better job? My article argues that they rationally don't try. I argue for a view of contracting in which parties aren't principally trying to set forth an agreement for a court to enforce. Rather, by leaving inartful language and ambiguity in the agreement, parties are bonding themselves not to seek precipitous recourse to litigation. The agreement entered into provides each party with grounds to bring a lawsuit if it so desires. Thus, if one party sues, the other party will virtually always have grounds to countersue. The complex transacting community has a norm against litigation in any event; bonding encourages and bolsters this norm, as well as norms of appropriate conduct throughout the contracting relationship. The contracting process, and the contract that results, thus serves importantly to create the parties' relationship and to set the stage for dispute-resolution consistent with preserving the relationship, as well as to keep available the backstop of enforcement if needed.

Tracey Logan

No abstract is available for this record.