Guillaume, Florence --- "Aspects of private international law related to blockchain transactions" [2019] ELECD 435; in Kraus, Daniel; Obrist, Thierry; Hari, Olivier (eds), "Blockchains, Smart Contracts, Decentralised Autonomous Organisations and the Law" (Edward Elgar Publishing, 2019) 49

Book Title: Blockchains, Smart Contracts, Decentralised Autonomous Organisations and the Law

Editor(s): Kraus, Daniel; Obrist, Thierry; Hari, Olivier

Publisher: Edward Elgar Publishing

ISBN: 9781788115124

Section: Chapter 3

Section Title: Aspects of private international law related to blockchain transactions

Author(s): Guillaume, Florence

Number of pages: 34

Abstract/Description:

Blockchain transactions are international by nature: each transaction can lead to a potential conflict between the laws of different States. The lack of uniform private law rules adopted at the international level makes it necessary to apply private international law rules to blockchain transactions in order to identify the situations in which a State offers the protection of its courts (jurisdiction), which law is applicable to the transactions (choice of law), and which conditions must be met for the judgment to have legal effect abroad (recognition and enforcement of foreign judgments). These three issues will be examined to determine whether existing conflict-of-law rules offer satisfying solutions for blockchain transactions. Proposals of necessary adaptations to improve legal security in the digital economy will then be made.