The determination of the lex arbitri in decentralised blockchain-based arbitration: proceedings functioning in a legal vacuum in the absence of a chosen seat?

The growth of the cryptoasset industry in the past few years has led to the emergence of the concept of decentralised blockchain-based arbitration. This can be witnessed through the emergence of blockchain-based arbitration platforms such as Kleros and others to handle disputes arising from these particular types of transactions, which have as their main characteristic being based in a decentralised ecosystem. These developments have given rise to questions regarding the applicable law to such arbitration procedures in the absence of the determination of a clear seat of arbitration. To answer these questions, this chapter explores the extent to which the current legal framework can apply to such procedures to determine the seat of the arbitration and the lex arbitri. The chapter argues that despite the limitations to the application of the law to blockchain-based arbitration procedures, the international arbitration legal framework may still apply to such procedures in certain circumstances.

This is a draft chapter. The final version is available in Research Handbook on EU Private International Law: Second Edition edited by Farah, Y. and Bergamini, E., published in 2026, Edward Elgar Publishing Ltd
https://doi.org/10.4337/9781035318698.00015

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