Introduction
With the increasing adoption of blockchain technology, particularly in fintech and decentralized commerce, smart contracts have moved from theory into widespread practice. These self-executing digital contracts—written in code and deployed on blockchain networks—are designed to perform transactions automatically upon the fulfillment of pre-programmed conditions. Increasingly, they also contain dispute resolution mechanisms, including automated or AI-driven arbitration clauses.
This convergence of code and law raises a critical legal question: Can such smart contract-based arbitration clauses be recognized as valid "arbitration agreements" under Section 7 of the Indian Arbitration and Conciliation Act, 1996 (“Arbitration Act”)? This article examines the enforceability of such clauses under Indian law and explores broader issues of consent, writing, due process, and public policy, with comparative references to jurisdictions like Singapore and the UK, and guidance from
