Download This PaperLaws Applicable to International Smart Contracts and Decentralized Autonomous Organizations (DAOS)
Centro de Investigação de Direito Privado (CIDP) Research Paper No. 02/2023
International Journal of Cryptocurrency Research, Vol. 3, No. 1, June 2023 issue
30 Pages Posted: 5 Jun 2023 Last revised: 30 Aug 2023
Date Written: June 2, 2023
Abstract
International contracts, legal persons and other external organizations raise choice-of-law problems. Should smart contracts and DAOs in general be considered international? Are the choice-of-law rules in force for State courts and for arbitral tribunals appropriate for the determination of the applicable laws? To provide replies to these questions the present essay starts by general introductions to smart contracts and DAOs and also outlines the Private International Law framework of these realities. Solutions for difficulties on the application of the choice-of-law rules in force and more flexible approaches to address them are proposed.
Keywords: smart contract, decentralized autonomous organization, law applicable to smart contracts, laws applicable to decentralized autonomous organizations, blockchain, law applicable to blockchain
JEL Classification: K10, K12, K29, K33
Suggested Citation: Suggested Citation