Tahkimin Geleceği-Geleceğin Tahkimi: Tahkim ve Blokzincir Teknolojisi

Blokzincir teknolojisi tahkimi değiştirmekte ve geliştirmektedir. Blokzincir teknolojisinin…

Abstract…

Blockchain technology is transforming arbitration. Its decentralized nature supports the delocalization theory, enabling arbitration to occur independently from the law of the arbitration seat. Through smart contracts, it allows for the enforcement of arbitral awards without court intervention. This challenges the common view that arbitration must adhere to the law of the seat or any legal system, shaping the future of arbitration. Furthermore, arbitration is becoming a critical alternative for resolving disputes involving blockchain technology. However, traditional arbitration methods are often inadequate for handling these disputes, prompting the development of a new type of arbitration known as “on-chain” arbitration to meet blockchain’s unique needs. Given the rising use of blockchain across various fields and the effectiveness of on-chain arbitration for resolving related disputes, this form of arbitration may represent the future of the field. In the first two sections, this study examines the transformations blockchain technology brings to arbitration. It then addresses the legal issues arising from these changes, such as party autonomy, the right to a fair trial, and the external effects of arbitral awards. The study concludes by evaluating proposed solutions to these issues and discussing how these proposals may conflict with the objectives of blockchain technology, ultimately explaining why and how blockchain creates a lex cryptographia within its ecosystem.…