Digital Arbitration Is a New Way of Dispute Resolution for the Unified Digital Space of the EAEU: Political, Philosophical and Legal Aspect

Abstract

The article discusses the theoretical legal foundations of a new type of arbitration – digital arbitration (or blockchain arbitration). The author formulated the concept of digital arbitration and analyzed the differences between digital arbitration and traditional arbitration from the point of view of theories about the legal nature of arbitration. In particular, the author believes that the term digital arbitration (blockchain arbitration) is used in three meanings. Firstly, the term digital arbitration refers to a way to protect the rights arising from smart contracts. This method is considered as an alternative to those methods that imply the need to seek judicial protection from the State or traditional arbitration. Secondly, digital arbitration refers to the body that organizes the digital trial of a legal dispute. And, thirdly, this concept denotes an artificial intelligence agent (robot), which considered the dispute submitted for its resolution. The author believes that due to its features, digital arbitration can be recommended as an alternative way to resolve disputes in the digital space of the EAEU.