El arbitraje como método de solución de controversias derivados del Smart Contract.

Abstract

The main objective of this degree work is to determine whether arbitration as an alternative method of dispute solution is the most relevant mechanism for resolve conflicts arising from Smart Contracts. In order to resolve the legal problem that has arisen in this paper, it was pertinent to revise Title III of the Commercial Code, in which everything related to electronic commerce and specifically to smart contracts is developed. It was also analyzed how Smart Contract uses blockchain technology as a mechanism to carry out transactions, which allows the execution of obligations automatically, reducing the number of controversies and dispensing with state intervention. Likewise, the different problems that may arise from Smart Contracts will be analyzed and how these can affect the validity of the contract although it is an almost infallible technology that by the fact of being programmed by a person these can be subject to errors. The second chapter held the need to apply arbitration and in particular the inclusion of arbitration of an arbitration clause to settle disputes arising from the Smart Contract, which allows that in case of dispute in transigible matter can be resolved through the arbitration.