Prof. Gerald Mäsch
University of Münster
The Recognition and Enforcement of Foreign B2B Blockchain-Based Arbitral Awards by National Courts: Hype or Reality?
Dr. Sara Hourani
Middlesex University London
The Future of Private International Law of Intellectual Property: The Bright Promise of the Code in Facilitating Innovation Dissemination
Prof. Toshiyuki Kono / Paul Kallmes / Dr. Paul Jurcys
Prof. Koji Takahashi
Doshisha University, Kyoto
This paper will consider a range of choice-of-law issues arising from crypto-assets on blockchains.
(1) Contractual issues. Suppose that a contract is concluded pursuant to which bitcoins are offered to purchase goods. Given that cryptocurrencies are not a fiat currency and might not be seen as goods, is that contract to be characterised as a “sale of goods”, a “barter of goods”, or a “barter of service for goods” for the choice-of-law purposes? Aside from the question of characterization, blockchains will not raise particularly difficult choice-of-law questions in contract since party autonomy is almost universally adopted.