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Unlocking the Potential of Blockchain in Web 3.0 Dispute Resolution: Assessing the Challenges and Opportunities for Litigation and International Arbitration

Author(s): 
Ibrahim Ati
Mohamed Elgaly Abdelfattah
Page Count: 
16 pages
Published: 
January, 2024
Jurisdictions: 
International
Practice Areas: 
Online Arbitration,
Operation and Effects,
Independence and Impartiality,
Confidentiality,
Evidence,
Arbitral Adjudication,
Dispute Resolution & Litigation,
Precedent,
Training of Arbitrators,
Representation and Legal Assistance,
Arbitral Process
Tags: 
techonology,
Internet,
smart contracts,
governance,
chain of custody
Author Detail: 

 Ibrahim Ati is a dual-educated ADR professional, in both civil and common law. He passed the NY Bar and earned an LL.M. in ADR from the University of Southern California. He holds the position of Vice-Chair in two distinct American Bar Association committees: Litigation within the Young Lawyers Division and Dispute Resolution within the global Trial section. Additionally, he is a member of the New York City Bar Association's Arbitration and Professional Discipline Committees and contributes to CalArb’s committees in California.

 Mohamed Elgaly Abdelfattah is an accomplished legal professional serving as a sitting judge in Cairo, Egypt. He holds a Ph.D. with a focus on alternative sanctions, teaches law, is involved in arbitration associations, and is a New York Bar candidate. 

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Description: 

Originally from World Arbitration and Mediation Review (WAMR)

ABSTRACT

 As the landscape of international trade adapts to the Web 3.0, dispute resolution practices are required to meet the needs and expectations of businesses and individuals. This article aims to analyze the potential benefits and challenges of incorporating blockchain technology and online dispute resolution tools into dispute resolution and arbitration processes within the context of Web3 technology. It explores how these tools can increase efficiency, accessibility, and flexibility for all stakeholders involved while also addressing potential obstacles to their seamless implementation.

I.    WEB 3.0 AND BLOCKCHAIN TECHNOLOGY'S POTENTIAL IN INTERNATIONAL ARBITRATION

The evolution of the Internet has given rise to a new era known as Web 3.0, which is focused on decentralization, and enabling power and control over data from centralized entities directly toward individuals. This contrasts with the previous era, Web 2.0, characterized by social media, user-generated content directed to channels, and interactivity. Web 3.0 is driven by the desire for a more democratic and fairer online ecosystem that bypasses the centralized gatekeepers and intermediaries that have traditionally controlled access to information and communication channels.

A.   Definition and History of World Wide Web Versions

The pace of technological advancements in modern times is breathtaking, with each passing year bringing new and exciting developments. This has led to a remarkable evolution of the Internet, which started as a platform for browsing, sending emails, and basic services but has now become an integral part of human life. As a result, people are utilizing the Internet for a vast range of purposes, including e-commerce, marketing, and transactions (or even reading arbitration-related articles). Consequently, the World Wide Web has undergone significant changes, with each iteration being named Web 1.0, Web 2.0, and Web 3.0, respectively.

B.    Web 1.0 and Web 2.0

Web 1.0 was first introduced in 1989 by Tim Berners-Lee, as an information system based on a more readable site with raw data.  At first, it had limited functionality, because its users could only search and read information, with no option to add comments or insert content. The available applications were also scarce, and the websites required users to refresh the page to view new information.  It also did not allow users to edit or modify content, significantly limiting its potential.  However, in 2004, the changes introduced by Dale Dougherty led to the Web 2.0 era.  Users were now allowed to add information to websites, making it bi-directional. This allowed users to upload and download information from websites, although they still had limited control. This upgrade made Web 2.0 users much more interactive than Web 1.0 users. Despite this advancement, Web 2.0 was not without issues, as it was vulnerable to cyber-attacks and lacked privacy protection measures.