On arrogance and drunkenness - a primer on international jurisdiction and the blockchain

Abstract

Blockchain applications are gradually approaching mainstream adoption. But with mainstream adoption come frictions and challenges, as larger digital communities are more complex and, therefore, more prone to developing disputes between transacting stakeholders. The problem of dispute resolution as regards blockchain transactions has mainly been discussed from the standpoint of blockchain-based alternative dispute resolution methods. A key narrative of this approach is that state courts shall generally stay away from blockchain dispute resolution because the characteristics of the technology make them ill-suited to meet the challenge. This paper takes a slightly different approach. While it does not question the value of blockchain-based ADR, it submits that state courts still have a role to play in the adjudication of blockchain-related disputes. To explore the challenges that state courts might face when dealing with blockchain-related disputes it focuses on the use case of Non-Fungible Tokens (NFTs). After critically exploring the characteristics of blockchain technologies and the deployment of NFT business models, it looks into the Brussels Ia Regulation and investigates how far it can accommodate disputes that revolve around NFTs.