Dispute Resolution Tailored for Digital Assets

Authors

Michele Kallo, Benjamin N. Cardozo School of Law

Abstract

As digital asset markets continue to expand, the need for efficient and reliable dispute resolution mechanisms has grown increasingly pressing. In May 2022, alone, over 200 individual and class action lawsuits related to digital assets were filed, with cases only deepening in nuance. Traditional litigation, with its high costs, slow timelines, and jurisdictional complexities, often falls short in resolving such disputes. In reaction to these limitations, decentralized arbitration platforms have emerged as spaces for dispute resolution. While innovative, these platforms’ susceptibility to issues such as market volatility, barriers to juror diversity, and impartiality limitations raise questions about their effectiveness as a reliable alternative to litigation. These shortcomings point to the necessity of reassessing existing and emerging dispute resolution models to better serve the needs of the digital asset market.

This Note will explore litigation, traditional arbitration, and decentralized arbitration as methods of digital asset dispute resolution, and propose a new set of rules for institutional arbitration that combine the benefits of traditional and decentralized arbitration to best address digital asset disputes.

Disciplines

Banking and Finance Law | Comparative and Foreign Law | Consumer Protection Law | Dispute Resolution and Arbitration | International Law | Law | Science and Technology Law

Recommended Citation

Michele Kallo, Dispute Resolution Tailored for Digital Assets, 27 Cardozo J. Conflict Resol. 151 (2025).
Available at: https://larc.cardozo.yu.edu/cjcr/vol27/iss1/8