Skip to content

What is BACS?

  • Join BACS
  • International regulation
  • International tribunal
  • Contact
  •   Access
  • Español
  • Join BACS
  • International regulation
  • International tribunal
  • Contact
  •   Access
  • Español
Blockchain Arbitration & Commerce Society
  • About BACS
    • Board of directors and tribunal of arbitration
  • Services
    • Quality seal
    • Crypto complaints
    • Networking
    • Training
    • Events
  • News
  • Members
  • Home
  • About BACS
    • Board of directors and tribunal of arbitration
  • Services
    • Quality seal
    • Crypto complaints
    • Networking
    • Training
    • Events
  • News
  • Members
  • Home
Home » Arbitration » Ethereum’s Governance Crisis Shows Why Blockchain Needs a Legal Layer: The BACS Solution

Author

Picture of Ignacio Ferrer-Bonsoms

Ignacio Ferrer-Bonsoms

Ignacio Ferrer-Bonsoms is a business lawyer and founder of the Blockchain Arbitration & Commerce Society (BACS), an initiative focused on the development of legal infrastructure for the digital economy.

His work centers on how legal systems interact with emerging technologies such as blockchain, digital assets and artificial intelligence, with a particular focus on cross-border structures, dispute resolution and legal enforceability.

He has been involved in the structuring of digital and blockchain-related projects across multiple jurisdictions, providing him with a practical perspective on how these systems operate and where they face limitations.

Through BACS, he develops frameworks and proposals aimed at bridging the gap between law and technology, contributing to the evolution of legal systems in digital environments.

He is the author of Bitcoin Digital Law, where he explores blockchain as an emerging form of digital legal order and analyzes its implications for traditional legal frameworks.

Home » Arbitration » Ethereum’s Governance Crisis Shows Why Blockchain Needs a Legal Layer: The BACS Solution
29 de May de 2026

Ethereum’s Governance Crisis Shows Why Blockchain Needs a Legal Layer: The BACS Solution

arbitration BACS Bitcoin Digital Law Blockchain Arbitration Blockchain Governance Blockchain Regulation Crypto Disputes Crypto Governance Dankrad Feist DAOs DeFi Digital Enforcement Digital Law Ethereum Crisis Ethereum Foundation Internet Jurisdiction Law Enforces Code Legal Infrastructure On-Chain Enforcement Proof of Justice smart contracts Stablecoins Tokenization Vitalik Buterin Web3 Governance

Share

Sign up for this activity

Discounts on events and training are available to all BACS members.

Your level is STANDARD and you have a 10% discount.

Your level is PREMIUM and you have a 20% discount.

Your level is PREMIUM + and you have a 30% discount.

Send request

The current crisis inside the Ethereum Foundation is not merely an internal leadership dispute. It is a structural sign of a much deeper problem: blockchain networks have succeeded in creating global economic systems, but they still lack clear institutional mechanisms to resolve governance disputes, strategic conflicts, and the effective enforcement of decisions.

The departure of multiple senior developers from the Foundation in 2026, together with the proposal by Dankrad Feist to create a new organization funded with $1 billion in ETH, reflects precisely this tension. On one side lies the need for efficiency, strategic direction, and accountability to the ecosystem. On the other, Vitalik Buterin defends the Foundation’s neutrality and decentralization as essential to protecting the integrity of the network.

But the real issue is not who is right.

The real issue is that there is no native legal infrastructure capable of channeling these kinds of conflicts within the Internet jurisdiction.

Blockchain Executes Code, But It Does Not Resolve Governance Conflicts

Ethereum can automatically execute billions of dollars in smart contracts.

It can coordinate DAOs.
It can tokenize assets.
It can issue stablecoins.
It can enable global programmable financial systems.

But when a governance dispute arises:

  • who decides?
  • which rules prevail?
  • how is a decision enforced?
  • how is neutrality protected?
  • how is political or economic capture of the protocol avoided?

Today, the answer is often social improvisation, pressure on X, influence from key developers, or ecosystem fragmentation.

That is not institutional governance.

That is informal governance.

And the more institutional capital enters blockchain, the less sustainable that model becomes.

Ethereum’s Problem Is the Problem of the Entire Digital Economy

Ethereum’s governance crisis anticipates problems that will emerge across:

  • DeFi protocols,
  • stablecoins,
  • DAOs,
  • tokenized assets,
  • AI agents,
  • on-chain payment systems,
  • digital financial infrastructures.

The blockchain economy is no longer a marginal experiment.

We are talking about infrastructures through which hundreds of billions of dollars circulate.

Yet most of these systems still operate without a true enforceable justice layer.

As explained in BACS’ analysis on digital enforcement in blockchain ecosystems, the central issue is increasingly not execution, but enforcement.

The Solution: A Native Legal Layer for the Internet Jurisdiction

This is where BACS (Blockchain Arbitration & Commerce Society) enters the discussion.

BACS is built around a fundamental idea:

The main problem of blockchain is no longer automatic execution.

The problem is legal enforcement and effective dispute resolution.

The proposal of BACS is to create the legal infrastructure of the Internet jurisdiction:

  • blockchain-specialized arbitration,
  • hybrid on-chain/off-chain enforcement,
  • smart contract integration,
  • legal oracles,
  • enforcement compatible with the 1958 New York Convention,
  • governance dispute resolution mechanisms.

This vision is directly connected to the broader evolution from “Code is Law” toward “Law Enforces Code,” as explored in this BACS article on Bitcoin Digital Law and blockchain enforcement.

How Could This Apply to Cases Like Ethereum?

Under a structure such as the one proposed by BACS, certain governance disputes could be managed through:

  • arbitration clauses embedded into DAOs,
  • binding resolution mechanisms,
  • specialized blockchain governance procedures,
  • partial automated enforcement through smart contracts,
  • reputation systems such as Proof of Justice (PoJ),
  • hybrid technical-legal arbitration.

This does not mean centralizing Ethereum.

It means creating institutional mechanisms compatible with decentralized systems.

Because decentralization does not mean the absence of rules.

It means different rules.

The Next Phase of Blockchain Is Not Technological — It Is Institutional

For years, the crypto ecosystem focused on:

  • scalability,
  • speed,
  • interoperability,
  • tokenization,
  • DeFi,
  • user experience.

But the next major battle will be institutional.

The networks that survive will not simply be the fastest ones.

They will be the ones capable of:

  • resolving disputes,
  • protecting rights,
  • enforcing decisions,
  • generating legal certainty,
  • attracting institutional capital,
  • maintaining governance legitimacy.

As discussed in The Tokenization of Finance Needs Digital Courts, tokenization itself ultimately requires enforceable legal infrastructures.

Ethereum’s crisis is important precisely because it demonstrates that even the most sophisticated blockchain network in the world still needs effective legal mechanisms.

From “Code is Law” to “Law Enforces Code”

The natural evolution of the blockchain ecosystem is transforming the famous idea of “Code is Law.”

Reality is demonstrating something different:

Code can execute transactions.

But code cannot judge complex disputes involving governance, incentives, legitimacy, or institutional responsibility.

That is why the future of the digital economy will require a new layer:

Law Enforces Code.

And that is precisely where BACS Society seeks to position itself:
as the native legal infrastructure of the Internet jurisdiction.

Share your crypto thoughts

All BACS members have access to this section to share their reports, narratives, and other thoughts related to their professional sector and the blockchain technology environment.

If you wish to submit your publication, please email info@bacsociety.com or use the form.

Submit article

Previous Crypto Arbitration: Why Traditional Courts Don’t Work

Newsletter

Crypto industry news, international regulation, training and professional events

Contact

  • SPAIN
  • C/ Antonio Acuña 9, 2º izq. - Madrid (Spain)
  • DUBAI
  • Innovation Hub Gate Avenue- South Zone Unit GA-00-SZ-G0-RT-147 DUBAI
  • info@bacsociety.com
  • +34 91 018 29 46
  • Web form

Communication area

  • Crypto industry news
  • Events and networking
  • Blockchain training
  • International regulation

Social media

Twitter Telegram

© The Blockchain Arbitration. All Rights Reserved 2023

Legal Notice  |  Privacy policy  |  Cookies Policy
Manage cookie consent
Our website uses cookies to improve your user experience by analyzing your browsing habits and in compliance with Law 34/2002, of July 11, 2002, on information society services and electronic commerce (LSSICE). The information about the cookies we use is what will ensure that the user can make their decision consciously and freely when giving their consent or, on the contrary, not to accept the installation of cookies on your device under the terms of Article 22 of Law 34/2002 of July 11, Services of the Information Society and Electronic Commerce (LSSICE).
Functional Always active
The storage or technical access is strictly necessary for the legitimate purpose of enabling the use of a specific service explicitly requested by the subscriber or user, or for the sole purpose of carrying out the transmission of a communication over an electronic communications network.
Preferencias
El almacenamiento o acceso técnico es necesario para la finalidad legítima de almacenar preferencias no solicitadas por el abonado o usuario.
Statistics
Technical storage or access that is used exclusively for statistical purposes. El almacenamiento o acceso técnico que se utiliza exclusivamente con fines estadísticos anónimos. Sin un requerimiento, el cumplimiento voluntario por parte de tu Proveedor de servicios de Internet, o los registros adicionales de un tercero, la información almacenada o recuperada sólo para este propósito no se puede utilizar para identificarte.
Marketing
The storage or technical access is necessary to create user profiles to send advertising, or to track the user on a website or multiple websites for similar marketing purposes.
  • Manage options
  • Manage services
  • Manage {vendor_count} vendors
  • Read more about these purposes
See preferences
  • {title}
  • {title}
  • {title}

Your level is STANDARD and you have a 10% discount.

Your level is PREMIUM and you have a 20% discount.

Use the form below to apply for registration for the activity. We will confirm your registration by email after checking the availability of places.

Basic information about your data protection:

Responsible party: Blockchain Arbitration Society (hereinafter BACS)

Purpose: Manage your request for inscription +info

Rights: You have the right to access, rectify and delete the data, as well as other rights, as explained in the additional information. +info

Additional information: You can here consult additional and detailed information on Data Protection

Idioma ES

.

.