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Dispute resolution and remedies

In: Financial Services Law and Distributed Ledger Technology

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Abstract

This chapter recalls the nature of smart contracts, since it is through smart contracts that individuals will seek to acquire cryptoassets that give rise to entitlements against financial service providers, and which, insofar as they are proprietary in nature, might be vindicated against all other persons. It considers how forms of online dispute resolution procedures may be written into smart legal contracts that are hosted on the ledger in question. Finally it assesses the range of common law and statutory causes of actions - and thus the type of personal and proprietary remedies that claimants may be able to pursue in seeking to vindicate their rights and entitlements in various digital or cryptoassets in the English courts.

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  • ., 2024. "Dispute resolution and remedies," Chapters, in: Financial Services Law and Distributed Ledger Technology, chapter 14, pages 343-374, Edward Elgar Publishing.
    • Handle: RePEc:elg:eechap:21933_14
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    File URL: https://www.elgaronline.com/doi/10.4337/9781035300884.00024
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    Law - Academic; Law - Professional;

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