Monitor Prawniczy

no. 21/2019

Resolution of disputes arising from smart contracts

Sabina Kubsik
Autorka jest adwokatem, partnerem Kancelarii Drzewiecki Tomaszek i Wspólnicy.
Zbigniew Drzewiecki
Autor jest adwokatem, partnerem zarządzającym Kancelarii Drzewiecki Tomaszek i Wspólnicy.
Abstract

Smart contracts are changing the way transactions are concluded and carried out in many sectors of the economy, such as the financial, automotive and transport services sectors. And this occurs despite little awareness of market participants as to what these contracts really are and how they work. This little awareness, combined with the inherent features of smart contracts, including their technological dimension, automaticity, and self-execution, makes disputes arising from these types of contracts inevitable and the parties facing the need to choose how to resolve them. The article aims to examine the issues of smart contracts and the reasons that could potentially cause a dispute between the contracting parties. The article also presents mechanisms for resolving disputes arising from smart contracts, as well as the challenges associated therewith.