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Hybrid Mediation–Kleros Arbitration: Structuring Binary Issues, On-Chain Juror Decisions, and International Enforcement via the Singapore Convention

Published on: 26 January 2024

Published by a LexisNexis Arbitration expert
Legal News
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Article summary

As society advances and technology keeps moulding our work and daily lives, approaches to disputes cannot be left unchanged. We are nearing a bold synthesis, as long-standing mechanisms meet the latest advances in blockchain technology for resolution. This yields a flexible, open, and equitable procedure, with Kleros positioned squarely at the vanguard of change today. Kleros, a blockchain-enabled dispute resolution protocol, applies ideas drawn from game theory to produce fair rulings over numerous conflicts cases. Within Kleros proceedings, jurors selected at random examine evidence and cast votes on outcomes. Motivated by staking tokens, at risk of forfeiture for incoherent votes, jurors are driven to deliver thoughtful, balanced, and diligent determinations. Openness and resistance to tampering are guaranteed through the foundational blockchain architecture itself. Various writers and experts have outlined multiple avenues for Kleros rulings to interface with the off-chain environment directly. Here, we imagine a future in which, from the very beginning, parties consent to a blended dispute resolution process together. First, they pursue conventional mediation, supported by a mediator’s insight and expertise throughout. Should the dispute persist, Kleros intervenes, providing a clear, streamlined, and economical outcome, culminating in a final judgement issued by a selected panel of jurors...

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