Over the years, Distributed Ledger Technology (DLT) has brought many new digital assets and financial instruments into the financial sector, drastically changing global finance. Such rapid innovation naturally leads to a few disputes in DLT finance. These disputes arise from problems caused by false statements pledged at token launches or custodial failures in preventing hacks [1]. Addressing these disputes effectively requires much consideration of traditional and novel modes of dispute resolution mechanisms. Therefore, this article lays down the possibilities for future legal research toward greater dispute avoidance and resolution in the DLT financial arena.
Financial disputes are typically settled through court litigation or arbitration, which is the most traditional approach [1]. However, offenders face difficulties due to the peculiarities of traditional DLT. These issues range from the parties' anonymity to the jurisdictional problems that arise from decentralized DLT and the applicability of choice-of-court agreements [1]. These obstacles necessitate a reassessment of current legal frameworks, assuming that they are capable of handling the complexities associated with and resulting from DLT.
New technologies beyond the classical models have the effect of offering interesting avenues for dispute prevention and resolution in the field of DLT finance. For example, smart contracts could execute and enforce agreements automatically, which would be expected to limit the area of dispute. However, their rigidity and the potential for coding errors present limitations. Decentralized autonomous organizations (DAOs) offer peculiar internal mechanisms for dealing with conflicts. But still, they pose new uncertainties about legal status and enforceability. The developing lines of future research will take a close look at integrating such tools into existing legal frameworks.
To address the complexities of dispute resolution in DLT finance, the following research directions are proposed:
The proposed research will employ both doctrinal legal analysis and empirical study. The analysis will examine laws, regulations, and decisions in several jurisdictions to identify gaps and inconsistencies in DLT. The empirical study consists of conducting surveys and interviews with practitioners of law, regulators, and participants in the DLT to derive insights. This mixed method would hope to achieve richer insight into the problems encountered and hence assist in informing the development of conducive legal frameworks.
Developments in these fields have significant legal and financial repercussions. Participants in DLT finance benefit from greater protection in a more stable legal environment, which boosts confidence and adoption of emerging financial technologies. Furthermore, integrating these technological tools into the dispute-resolution process will improve the efficacy and efficiency of the final resolutions, reducing the strain on established legal systems and enhancing access to justice.
Anonymity, which is a defining feature of DLT transactions, is fundamentally a barrier to tracking down unlawful acts. Some jurisdictions permit the filing of a lawsuit against an unidentified defendant, others require identifiable parties. The practical success or failure of these frameworks raises concerns about judicial enforceability and access to justice. Accordingly, a comparative analysis could be useful in identifying the most effective procedures and potential legislative changes to address anonymity in financial disputes.
This research can inform policy recommendations for harmonizing legal approaches to anonymity in financial litigation. It may also enhance legal certainty for plaintiffs and defendants, influencing regulatory frameworks for digital asset transactions.
Finances via DLT are transacted across borders which cause challenges for traditional jurisdictional principles; courts usually go for territorial-based rules when it comes to jurisdiction, but those may be insufficient for decentralized structures. Updating the jurisdictional framework is clearly a need in order to accommodate the delocalized background within which digital assets exist.
Findings may contribute to the evolution of international jurisdictional rules, fostering legal clarity for cross-border digital finance disputes. They could also support regulatory convergence efforts, benefiting policymakers and financial institutions.
Most financial contracts contain clauses for choice of court to provide certainty in regard to dispute resolution. However, the efficacy of such agreements under DLT finance remains uncertain particularly in cases involving secondary market participants or tortious claims. Courts may limit their enforcement due to consumer protection laws or jurisdictional rules.
Clarifying the enforceability of choice-of-court agreements can reduce legal uncertainty for investors and financial institutions. It may also encourage uniformity in judicial interpretations, facilitating dispute resolution in DLT transactions.
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