Tech Meets Trade: International Arbitration in the Era of Fintech and Cryptocurrencies

  • Shailaja Anil Pandey and Bridhima Ajay Sinha
  • Show Author Details
  • Shailaja Anil Pandey

    Student at University of Mumbai Law Academy, University of Mumbai, India

  • Bridhima Ajay Sinha

    Student at University of Mumbai Law Academy, University of Mumbai, India

  • img Download Full Paper

Abstract

In a time marked by the rapid advancement of financial technologies and digital assets, international arbitration is becoming an essential tool for addressing complex cross-border disputes. This research paper talks about the intersection of FinTech, cryptocurrencies, and international commercial arbitration, highlighting the challenges and opportunities that arise from decentralized technologies such as smart contracts, blockchain platforms, and digital currencies. It recognizes the diverse legal disputes present in this ecosystem spanning contractual failures, data breaches, investor conflicts, and regulatory ambiguities and evaluates how arbitration provides a flexible, confidential, and enforceable framework that is well-suited to the ever-changing landscape of digital finance. The study further explores the evolution of traditional arbitration frameworks through institutional reforms, including the implementation of Digital Dispute Resolution Rules (DDRR), JAMS Smart Contract Arbitration Guidelines, and the Blockchain Expedited Arbitration Rules by LCAM. Additionally, the paper addresses significant concerns regarding arbitrability, jurisdiction, and enforceability, particularly in decentralized and pseudonymous transaction contexts. It emphasizes the difficulties associated with cross-border enforcement, the public policy exception, and the technological challenges in tracing and recovering crypto-assets.By drawing on pivotal case laws, model arbitration laws, and comparative jurisdictional perspectives, the paper highlights the strategic importance of well-crafted arbitration clauses, hybrid enforcement models, and arbitrators with technological expertise. Ultimately, it contends that international arbitration, with its intrinsic flexibility and global enforceability, is uniquely positioned to maintain legal certainty and commercial trust in the era of FinTech and cryptocurrency.

Keywords

  • Fintech
  • Cryptocurrency
  • International Commercial Arbitration
  • Dispute
  • blockchain

Type

Research Paper

Information

International Journal of Law Management and Humanities, Volume 8, Issue 4, Page 1262 - 1282

DOI: https://doij.org/10.10000/IJLMH.1110492

Creative Commons

This is an Open Access article, distributed under the terms of the Creative Commons Attribution -NonCommercial 4.0 International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/), which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.

Copyright

Copyright © IJLMH 2021