Jurisdiction, Recognition and Enforcement of Judgments in Claims Arising out of Smart Contracts under the Brussels I Regulation (recast) and on the Blockchain

Abstract

The emergence of Distributed Ledger Technology (DLT)/blockchain and its application through the so-called smart contracts poses significant challenges from the point of view of classical contract law and private international law. Its decentralization, anonymity/opacity, immutability, interconnectivity, and automation certainly generate complex legal problems, including relevant questions pertaining to jurisdiction. This article deals with jurisdiction, recognition and enforcement of judgments arising out of smart contracts under the Brussels I Regulation (Recast), including existing caselaw on the topic. The article also addresses the issue of blockchain dispute resolution.