Defining Boundaries of Due Process in Blockchain Arbitration
Synopsis
Cemre delves into the
wider concept of blockchain arbitration and further clarifies the distinction between traditional off-chain arbitration for blockchain disputes and innovative blockchain dispute resolution mechanisms. In her chapter, another highly relevant question comes to the fore, namely whether and to what extent blockchain dispute resolution mechanisms, despite being oftentimes labelled as ‘arbitration’, deviate from traditional arbitration practices and established notions of due process. A central focus of this chapter lies in assessing the impact of blockchain arbitration mechanisms on enforceability. Cemre also extensively delves into the critical question of how due process influences enforceability, particularly in scenarios where the automatic execution of awards is coupled with party anonymity. She further explores the extent to which due process remains or should remain a pivotal consideration and questions whether automatic execution, without adherence to due process norms, can truly align with current justice standards.
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