Session
When Smart Contracts Fail: Resolving the Next Generation of Blockchain and AI Disputes
Smart contracts, decentralized autonomous organizations, tokenized assets, blockchain analytics, and AI-enabled financial systems are moving faster than the legal and institutional frameworks designed to govern them. When these systems fail, the resulting disputes rarely fit neatly within traditional litigation or arbitration models.
Who is responsible when an AI agent executes an unauthorized blockchain transaction? How should a tribunal interpret code that conflicts with a written agreement? What evidence is needed to establish control of a wallet, attribution of an on-chain action, or manipulation of a decentralized protocol? Can an arbitrator order effective relief when assets, developers, and participants are distributed across multiple jurisdictions?
Drawing on his experience as a JAMS arbitrator, mediator, special master, computer scientist, digital-forensics expert, and co-creator of the JAMS Artificial Intelligence Dispute Resolution Rules, Daniel Garrie will examine how blockchain and AI disputes are likely to evolve in 2026 and beyond.
The session will use practical scenarios involving smart-contract vulnerabilities, compromised private keys, decentralized governance disputes, tokenized assets, AI agents, cryptocurrency tracing, and cross-border enforcement. Attendees will learn how parties can structure blockchain transactions and dispute-resolution provisions to reduce uncertainty before a conflict occurs.
Key takeaways include:
How courts and arbitral tribunals distinguish contractual intent from automated code execution
The evidence needed to investigate and prove blockchain-related claims
How wallet attribution, blockchain analytics, and digital forensics should be presented in a legal proceeding
When arbitration, litigation, mediation, or emergency relief is most effective
How to draft enforceable dispute-resolution provisions for smart contracts, DAOs, tokenized assets, and AI-enabled transactions
How organizations can preserve blockchain evidence while maintaining defensible chain of custody
What founders, investors, developers, and policymakers should do now to prepare for the coming wave of AI and blockchain disputes
This session will provide attendees with a practical framework for designing systems, agreements, and governance mechanisms that remain effective when decentralized technology encounters centralized legal authority.
Daniel Garrie
JAMS Neutral | Founder, Law & Forensics | Faculty Harvard
New York City, New York, United States
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