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Problems of Resolution of Investment Disputes on Agreements Using Smart Contracts

  • Vagip M. Abdrashitov,
  • Davud Akh. Davudov,
  • Nikolay F. Kolosov,
  • Vladimir V. Slezhenkov

摘要

The article studies the discussion aspects of dispute resolution arising from smart contracts in the investment sphere. The relevance of studying these issues is predetermined by the increasing use of the relevant contractual instruments in investment practice, as well as the number of related disputes. Emphasizing the general problems of investment dispute resolution, the authors pay special attention to the specifics of cases involving obligations under smart contracts as compared to traditional litigation. At the same time, a certain fragmentation of smart contracts regulation in the domestic legislation (although it has been actively updated in recent years) and the novelty of the practice of consideration of the relevant disputes cause an increased interest in foreign trends in this area, including the activities of certain specialized arbitration institutions. A significant place in the study, in this regard, is taken by generalizations of comparative-legal nature. Based on the results of the study, conclusions are formulated regarding the prospects for improving Russian legislation and the practice of its application.