Electronic Alternative Dispute Resolution, smart contracts and equity in the energy sector

Purpose This research aims to explore the complexities surrounding smart contracts enforcements in cross-jurisdictional transactions. Design/methodology/approach To achieve the aim of this study, doctrinal legal analysis was adopted. Although the subject is multidisciplinary, the aspect of enforcement in cross-jurisdictional transactions from legislative analysis does not require a technical method to be analysed, hence the adoption of this method. Where relevant legal academic journal articles were sourced and analysed along different legislative frameworks in some jurisdictions under review. To determine the legality of smart contracts, applicable law and court with jurisdiction to enforce blockchain smart contract disputes. Findings It was discovered that there remain fundamental questions regarding jurisdiction, applicable law and enforcement. Due to the problem of a uniform legislation to manage smart contract transactions. Research limitations/implications This study limits itself to the legality of smart contracts within a conflict of laws, and it propels the need for either a choice of domestic legislation for parties to be bound or the adoption of a universal legal framework for all smart contract formation through an international treaty or convention that has a binding effect on contracting parties to a smart contract. Originality/value This study highlights the fact that the key elements of smart contracts within traditional contract requirements as provided in domestic legislation vary across jurisdictions. This variation results not only in conflict of law but also affects enforcement in cases of dispute in the contractual terms.

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Application of Alternative Methods of Protecting the Rights of Economic Entities: Ukrainian Realities and the Experience of Eu Countries

Derevyanko¹,

Hreshchuk²,

Turkot³

2023

Econ. pravo

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The article examines the application of alternative methods of protecting the rights of economic entities in Ukraine and in some countries of the European Union (hereinafter EU) and provides proposals for improving Ukrainian legislation regarding the legal regime of alternative methods of protecting the rights of economic entities and introducing innovations to provide access to alternative ways of protecting the rights of business entities, especially those that suffered as a result of russian aggression. The scientific novelty consists in the research of the relationship between the participants in the application of alternative methods of protecting the rights of economic entities in Ukraine and in some EU countries and providing proposals for improving Ukrainian legislation regarding alternative methods of protecting the rights of economic entities and introducing innovations to provide access to alternative methods protection of the rights of economic entities, especially those that suffered as a result of russian aggression. Based on the experience of individual EU member states and other developed states, the article proposed in Ukraine: 1) to create state centers that will provide services using alternative methods of protecting the rights of economic entities; 2) to develop a program to support the above-mentioned centers in terms of conducting popularization activities among Ukrainian economic entities, especially those affected by russian aggression; 3) to introduce an electronic platform, with the help of which economic entities and ordinary citizens could settle disputes in a pre-trial procedure, using alternative ways of protecting rights, etc.; 4) extend the jurisdiction of the International Commercial Arbitration Court at the Chamber of Commerce and Industry of Ukraine to disputes between Ukrainian economic entities.

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Electronic Alternative Dispute Resolution, smart contracts and equity in the energy sector

Cited by 4 publications

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Alternative Dispute Resolution Research Landscape from 1981 to 2022

Alternative Dispute Resolution Research Landscape from 1981 to 2022

Enforcement of smart contracts in cross-jurisdictional transactions

Application of Alternative Methods of Protecting the Rights of Economic Entities: Ukrainian Realities and the Experience of Eu Countries

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