Cross-border blockchain arbitration clause

Purpose: To analyze the problems of legal regulation of particular aspects of the resolution of cross-border disputes via blockchain arbitration, in particular, the issues related to legal uncertainty regarding the requirements for blockchain arbitration agreements. Methodology: Formal legal, comparative legal, logical methods. Results: The article concludes that the emergence of the new mechanisms of online resolution of cross-border disputes, such as blockchain arbitration, in practice necessitates to work out an integrated approach to regulating the relations that originate from the usage of such mechanisms. The author notes the absence of special legal regulation at both international and national levels and substantiates the problem of applying the provisions of existing international treaties regarding alternative dispute resolution and national legislation applicable to arbitration agreements in a written form to blockchain arbitration clauses and also draws attention to the amplification of value of non-state regulation. Novelty/originality/value: The article provides a comprehensive analysis of the legal regulation of cross-border blockchain arbitration clauses, that enables to determine the range of issues that need to be resolved, as well as suggests practical recommendations on execution of blockchain arbitration agreements under the current legal uncertainty.