Arbitrating Smart Contract Disputes: A Comprehensive Approach
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Arbitrating Smart Contract Disputes: A Comprehensive Approach
Dec. 20, 2024
By Daniel B. Garrie and Judge Gail Andler, Ret.
Smart contracts, self-executing digital agreements encoded on blockchain networks, have gained significant traction in various industries due to their potential to streamline transactions, reduce costs, and enhance transparency. However, as with any contractual arrangement, disputes can arise, necessitating effective dispute resolution mechanisms. Arbitration emerges as a promising approach to resolving smart contract disputes, offering advantages such as efficiency, flexibility, and enforceability across jurisdictions.
Understanding Smart Contracts
Smart contracts are computer programs that automatically execute predetermined terms and conditions when specific criteria are met. They operate on blockchain technology, a decentralized and distributed digital ledger that records transactions securely and transparently. Key features of smart contracts include self-execution, immutability (once deployed, the code cannot be altered), and transparency (all transactions are visible on the blockchain).
Smart contracts have diverse applications, ranging from financial instruments like cryptocurrencies and tokenized assets to supply chain management, real estate transactions, and intellectual property rights management. For example, the Ethereum blockchain has enabled the development of decentralized applications and smart contracts for various use cases, such as decentralized finance, non-fungible tokens, and decentralized autonomous organizations.
To illustrate a smart contract, consider a simple transaction between Buyer and Seller for 100 blue widgets. Traditionally, the parties would execute a paper agreement reading, in part, “Seller shall deliver to Buyer one hundred (100) blue widgets.” A smart contract for the same transaction would read, “function transferFrom(address _SELLER, address _BUYER, uint256 _100) public returns (bool success) require(_100 <= allowance[_SELLER] [msg.sender]); allowance[_SELLER][msg.sender] -= _100; _transfer(_SELLER, _BUYER, _100); return true”. In either case, Seller would then gather the inventory of 100 blue widgets, package it securely, and deliver it to Buyer in exchange for an agreed-upon payment stated in a separate clause or code…..
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