On Arrogance and Drunkenness - A Primer on International Jurisdiction and the Blockchain

Lex&Forum, 2(2022), pp. 349-396.

47 Pages Posted: 10 Oct 2022

See all articles by Ioannis Revolidis

Ioannis Revolidis

University of Malta, Centre for Distributed Ledger Technologies and Department of Media, Communications & Technology Law

Date Written: August 28, 2022

Abstract

Blockchain applications are gradually approaching mainstream adoption. But with mainstream adoption come frictions and challenges, as larger digital communities are more complex and, therefore, more prone to developing disputes between transacting stakeholders. The problem of dispute resolution as regards blockchain transactions has mainly been discussed from the standpoint of blockchain-based alternative dispute resolution methods. A key narrative of this approach is that state courts shall generally stay away from blockchain dispute resolution because the characteristics of the technology make them ill-suited to meet the challenge. This paper takes a slightly different approach. While it does not question the value of blockchain-based ADR, it submits that state courts still have a role to play in the adjudication of blockchain-related disputes. To explore the challenges that state courts might face when dealing with blockchain-related disputes it focuses on the use case of Non-Fungible Tokens (NFTs). After critically exploring the characteristics of blockchain technologies and the deployment of NFT business models, it looks into the Brussels Ia Regulation and investigates how far it can accommodate disputes that revolve around NFTs.

Keywords: Blockchain, NFTs, Dispute Resolution, International Jurisdiction, Brussels Ia Regulation, Consumer Protection, Arbitration

JEL Classification: K33, K41, K43

Suggested Citation

Revolidis, Ioannis, On Arrogance and Drunkenness - A Primer on International Jurisdiction and the Blockchain (August 28, 2022). Lex&Forum, 2(2022), pp. 349-396., Available at SSRN: https://ssrn.com/abstract=4234569 or http://dx.doi.org/10.2139/ssrn.4234569

Ioannis Revolidis (Contact Author)

University of Malta, Centre for Distributed Ledger Technologies and Department of Media, Communications & Technology Law ( email )

Faculty of Laws
Msida, MSD2080
Malta

HOME PAGE: http://www.linkedin.com/in/ioannis-revolidis-85b126179

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