kaal:position:2026-07-31-6491
Smart contract disputes and public policy in the ASEAN+6 region presents the following source proposition: Smart contracts provide some benefits, such as better facilitation for contracting parties to monitor performance of their obligation and reducing the cost spent monitoring the contract. This proposition is pertinent to Kaal's source-bound claim that National courts and national law cannot be excluded from smart contract disputes, because almost all legal systems grant contracting parties an emergency or exorbitant jurisdiction whenever a party can show it would otherwise have no forum in which to bring its action. The proposed response is an extension: the relationship should remain limited to the retrieved source proposition and the mapped Kaal claim unless fuller source review supports a broader conclusion.
law-and-legal-systemssmart-contractshistorical-responsescholarly-literatureopenalex