Blokzincir Temelli Uyuşmazlık Çözüm Mekanizmaları Kapsamında Verilen Kararların Tanınması ve Tenfizi

The intensification of the relationship between law and technology is leading to the incorporation of new concepts into our lives every day. Among these concepts, blockchain has formed the foundation of various terms such as smart contracts and tokens since the emergence of its initial application, Bitcoin. As the number and diversity of transactions on the blockchain increase, ideas have arisen that disputes resulting from these transactions should also be resolved on the blockchain. Currently, resolving disputes within the blockchain system is becoming a common practice. However, whether these solutions can have effects in the external world outside the blockchain remains a contentious issue. At this point, the legal nature of the decisions made according to these dispute resolution mechanisms, and particularly whether they can be considered as arbitration awards under the Turkish Law on International Arbitration No 4686 and consequently the UNCITRAL Model Law, as well as whether these decisions can be subject to recognition and enforcement, are questions that need to be addressed. This study will first examine the common features of the currently existing blockchain based dispute resolution mechanismz. Afterwards, the question whether the dispute resolution methods …

Keywords: Blockchain, dispute resolution, arbitration, enforcement, refusal…