'The Role of International Mediation in Data Protection and Privacy Law - Can It be Effective?' by
Sinta Dewi, Robert Walters, Leon Trakman and Bruno Zeller in (2019) 30
Australian Dispute Resolution Journal 61
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The role of international mediation and mediation more generally in data protection and privacy law can be an effective tool to resolving data disputes. This article will examine the data protection laws of Indonesia, Australia, Singapore, the Philippines, European Union and China. This comparative examination is timely, with the creation of the Convention on Enforcement of International Settlement Agreements Resulting from Mediation (Singapore Convention) which opened for signing on 7 August 2019 and the associated Model Law. If implemented and utilised, the Singapore Convention has the potential to become an effective legal mechanism to assist in resolving cross-border personal data disputes.
'Smart Contracts: A Requiem' by Eliza Mik in
Journal of Contract Law (Forthcoming)
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"Smart contracts” are technologies that facilitate the generation and transfer of blockchain-based crypto-assets. The unfortunate labeling of these technologies as ‘contracts’ has spawned a plethora of legal theories, which are built on unsubstantiated technical claims, terminological misunderstandings as well as on a general disillusionment with traditional institutions. Concepts such as “validation” or “self-enforcement,” both of which constitute permanent fixtures of the “smart contract” narrative, seem to have hijacked common sense with promises of certainty and guaranteed performance to the point where a structured and logical argument is rendered difficult. It is necessary to clarify the meaning of the term and remind those who debate the legal enforceability and validity of “smart contracts” of the basic principles of contract law. In particular, it is necessary to recall that contract law is indifferent to the manner parties express their agreement
