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Bianca Kremer
Former Member
Title
Mag. iur., LL.M.
Last Name
Kremer
First name
Bianca
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Item type:Publication, Blockchains, Smart Contracts, and International Arbitration : The Emergence of a Crypto Autonomous Legal OrderThis thesis explores the emergence of dispute resolution mechanisms on blockchains from the perspective of international commercial arbitration law and its legal theories. The underlying thesis is that blockchain technology, with the help of smart contracts, has the potential to change the dynamics of social processes, institutions, and even law. The emergence of so-called Decentralized Autonomous Organizations foreshadows new power structures in cyberspace, which can have far-reaching consequences for international trade, where experience has shown that arbitration plays a pivotal role. This thesis explains blockchain technology in its basic features and presents the historical development of proposed solutions for dispute resolution on blockchains. Thus, for the first time, it provides a comprehensive and descriptive conceptualization of blockchain disputes and blockchain dispute resolution approaches. The new crypto arbitration phenomenon is then examined in-depth and contrasted to international commercial arbitration. Finally, this dissertation extends the framework of existing legal theories in the field of international arbitration law and private ordering by a so-called crypto autonomous legal order. While this new smart contract-enabled legal order may complement the existing legal system, it also competes with it.Type:doctoral thesis