Abstract

International contracts, legal persons and other external organizations raise choice-of-law problems. Should smart contracts and DAOs in general be considered International? Are the choice-of-law rules in force for State courts and for arbitral tribunals appropriate for the determination of the applicable laws? To provide replies to these questions the present essay starts by general introductions to smart contracts and DAOs and also outlines the Private International Law framework of these realities. Solutions for difficulties on the application of the choice-of-law rules in force and more flexible approaches to address them areproposed.

Keywords: Smart contract, Decentralized autonomous organization, Law applicable to smart contracts, Laws applicable to decentralized autonomous organizations, Blockchain, Law applicable to blockchain