Jurisdiction agreements in the field of smart contracts and blockchain technology

Abstract

In this paper, we analyze the formal and material requirements of the jurisdictional agreements made in the field of smart contracts and Blockchain technology. Specifically, the study focuses on the formal aspects of this type of agreement, detailing under what circumstances an express submission agreement between subjects that use smart contracts (to self-execute one or more contractual clauses) will be valid. The different formats in which these types of agreements can appear are also explained, considering the new platforms and computer applications that have appeared in recent years. The theoretical constructions are accompanied by examples and graphics that are intended to illustrate, as far as possible, the practical aspect of smart contracts and jurisdictional agreements. Regarding the systematics of this paper, without prejudice to the introductory sections and the conclusion, it is divided into several sections according to the different types of smart contracts according to the form they take (or, rather, according to the form of the underlying contract that usually accompanies the smart contract), which has allowed a more rigorous study of the jurisdiction agreements carried out in this area. Finally, the study focuses especially on Regulation No. 1215/2015 due to its preeminent application in the Spanish Private International Law.