Commercial and Arbitration Law of the Digital Economy: A Comparison of Asian, European and North American Jurisdictions

Author: Robert Walters
Publisher: Routledge
ISBN: 9781032443287
Published In: August 2024
Format: Hardback , 230 pages
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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Contents

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This book discusses the importance of the digital economy and its most pressing challenge: the onset of quantum and critical technology. It looks at how its implementation, either on its own or coupled with artificial intelligence, impacts commercial and arbitration law.

International trade and investment are increasingly being integrated within national security policy and the law to protect the nation state. A failure to safeguard personal and commercial data will allow other state and non-state actors to set the rules that do not align with the values of the rule of law and transnational rules-based system. This book argues that it is necessary to establish a principles-based approach to governing the development and use of these technologies. Chapters touch on the application of smart contracts, arbitration, as well as mergers and acquisitions and their potential weaponization in the digital economy due to their ability to transcend national security. Elements of intellectual property, particularly patents and trademarks, and how international legal instruments have directed national law making are also explored.

A useful reference for governments, regulators, legal, technologists and policy experts. Also of interest to scholars looking at personal and commercial data in relation to intellectual property, contracts and international commercial arbitration law.

CHAPTER 1. DEFINING THE DIGITAL ECONOMY

1.1 Introduction

1.2 Measuring the Digital Economy

1.3 Regional Institutional Law

1.4 Transnational Investment Law

1.5 Transnational Arbitration

1.6 Methodology, Limitations and Structure

1.7 Referencing

1.8 Research Questions

1.9 Structure

1.10 Conclusion

CHAPTER 2. INTERNATIONAL COMMERCIAL AND INVESTOR STATE ARBITRATION