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Smart Contracts, Blockchain and Cryptocurrencies

Smart Contracts, Blockchain and Cryptocurrencies

JAMS Mediation, Arbitration and ADR Services

How JAMS resolves blockchain and digital asset disputes

Businesses, investors and attorneys operating in the blockchain and digital-asset space face disputes that are complex, technical and often international in scope. They need neutrals who bring seasoned legal judgment along with a practical understanding of blockchain systems and digital assets. Whether the matter involves a sophisticated token transaction, a governance dispute within a crypto enterprise or a cross-border enforcement challenge, JAMS provides the capability and neutrality needed in arbitration, mediation and neutral evaluation to move cases forward with confidence.

Deep Digital-Asset Knowledge

JAMS neutrals combine legal judgment with practical fluency in blockchain and digital-asset systems. They understand how protocols, smart contracts and on-chain records function in practice, and how those technical realities inform legally relevant questions. By distinguishing what blockchain evidence can reliably demonstrate, our neutrals help parties:

  • Focus discovery and narrow issues by identifying what data is verifiable on-chain versus what requires off-chain evidence
  • Build a clearer evidentiary record through the accurate presentation of complex transaction histories
  • Keep proceedings accessible and efficient by presenting technical information in plain language so attorneys, clients and tribunals stay aligned

The result is a balanced, impartial process in which even highly technical disputes are managed with clarity and efficiency.

Smart-contract drafting and procedures: Parties may incorporate the JAMS Smart Contract Clause and Rules to establish a predictable framework for resolving smart-contract disputes, including electronic submission of on-chain records/data and access to JAMS’ emergency relief procedures.

ADR Built for Blockchain

Clients in the blockchain space gain the efficiency and predictability of ADR processes adapted to digital-asset disputes, including:

  • Virtual hearings and secure evidence handling: Encrypted sharing, remote testimony, blockchain-ledger review
  • Integration of technical support resources: Independent professionals with experience in blockchain forensics and coding, engaged on a case-by-case basis
  • Accelerated timelines: Fast-track procedures to reduce business disruption
  • Protocol-adaptive procedures: Processes tailored to blockchain matters (protective orders, secure code review, virtual/hybrid hearings, chain-aware scheduling)

Representative Experience

The following representative matters are drawn from the publicly available bios of JAMS neutrals who have handled disputes in the blockchain and digital asset space. 

Disclaimer: These examples are illustrative and are drawn from matters handled by JAMS panelists.

Mediation

  • Nonpayment claim by a SaaS provider against a cryptocurrency client
  • Contract dispute between a MATIC token issuer and a cryptocurrency exchange platform over a deposit
  • Complex fraud matter where funds were moved from brokerage accounts to buy Bitcoin and were sent to a fraudster
  • Nine-figure dispute between founding employees and a founder regarding equity, governance and control of a crypto venture, as well as fraud claims involving millions of dollars of Bitcoin
  • Claims by a chief operating officer against a cryptocurrency company for breach of contract and quantum meruit
  • Insurance coverage and liability issues involving losses suffered by a Bitcoin company from a cyber breach
  • Disputes involving the theft or mysterious disappearance of a substantial amount of cryptocurrency

Arbitration

  • Breach-of-contract dispute regarding supply of electrical power to Bitcoin miners; Bitcoin trading dispute under a cryptocurrency purchase agreement
  • Cases related to unauthorized transfers of Bitcoin, including claims of fraud, negligence and Electronic Funds Transfer Act violations; matters involving disputes between customers and cryptocurrency exchanges, including issues of custody agreements
  • Complex cryptocurrency investment relationship involving misappropriation of trade secrets and usurpation of corporate opportunity
  • A JAMS neutral served as a sole arbitrator in a dispute between a digital cryptocurrency exchange and a U.K. customer.
  • Copyright and breach-of-contract claims involving NFTs
  • Disputes involving cybersecurity breaches at a cryptocurrency exchange and related whistleblower termination claims
  • Breach-of-contract and fraud action relating to purchase under a grant agreement between engineers and a cryptocurrency company
  • Dispute involving fraud and misappropriation of crypto assets between former partners of a crypto investment and consulting business
  • A JAMS neutral was appointed as sole arbitrator in a claim by a European cryptocurrency trader arising from a price collapse causing liquidation of the trader’s positions.
  • Alleged breach of a purchase agreement concerning cryptocurrency

Key Areas of Focus

Smart Contracts and Protocols

  • Code vs. contract interpretation
  • Execution and oracle failures; forks/upgrades
  • On-chain/off-chain records and data handling

Exchanges, Trading and Markets

  • Exchange outages, liquidations and slippage
  • Token sales/offerings and listings; disclosures and listing challenges
  • Market manipulation/wash trades; unauthorized transfers

Custody, Wallets and Key Control

  • Loss/theft tracing and freeze measures
  • Custodial vs. noncustodial duties; multi-sig governance
  • Asset safeguarding and audit trails

DeFi, DAOs and Governance

  • Protocol exploits and remediation
  • Treasury management and voting rights
  • Governance changes and emergency upgrades

NFTs, IP and Licensing

  • Copyright/Trademark
  • Ownership, royalties and right of publicity
  • IP enforcement actions (including takedowns)

Regulatory, Corporate and Cross-Border

  • SEC/CFTC/FinCEN, AML/KYC and sanctions considerations
  • Tax and valuation issues; corporate transactions and insolvency contexts
  • Multi-jurisdiction coordination and enforcement, subject to applicable law

JAMS continues to adapt to emerging challenges in digital assets, including AI-driven smart contracts, evolving global regulations and new governance models. Learn how JAMS can help resolve your blockchain, smart-contract, cryptocurrency or digital-asset dispute efficiently and fairly.

Contact us to discuss your matter.

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