Resolving NFT and Smart Contract Disputes
in The Cambridge Handbook on the Law and Policy of NFTs (Cambridge 2023)
21 Pages Posted: 18 Jul 2022
Date Written: July 14, 2022
Abstract
Non-Fungible Tokens (NFTs) built in the blockchain are quietly revolutionizing ideas around digital assets despite their questionable status under current law. Furthermore, the smart contracts that control many NFTs are disrupting the way deals are done. At the same time, disputes regarding NFTs and smart contracts are inevitable, and parties will need means for dealing with these highly technical issues. This chapter tackles this challenge and proposes that parties turn to online dispute resolution (“ODR”) to efficiently and fairly resolve NFT and smart contract disputes. Furthermore, the chapter acknowledges the benefits and challenges of current means for addressing blockchain issues and proposes ideas for how designers could address those challenges and incorporate ODR to provide efficient and fair resolutions.
Keywords: ODR, ADR, online dispute resolution, legal tech, legal technology, dispute resolution, blockchain, smart contracts, NFTs, metaverse
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