Metaverse and Private International Law: Challenges in Determining Governing Law

Ekaterina Oger Grivnova highlights how the Metaverse’s lack of physicality disrupts traditional Private International Law (PIL) processes, particularly in determining applicable laws. She explores the challenges in determining the governing law, focusing on issues related to contractual and non-contractual obligations within the metaverse, such as contractual arrangements between users and platforms, as well as tort disputes covering personal offenses and intellectual property infringements. Ekaterina discusses the difficulties in classifying these issues and the ambiguity in selecting applicable PIL rules, exacerbated by the diverse legal recognition of digital assets across jurisdictions. Ekaterina concludes by emphasizing the inadequacy of traditional PIL frameworks in addressing the complexities of the metaverse, and underscores the need for new legal frameworks and potentially even a ‘lex metaversia’ to navigate the emerging complexities.