Gary Benton is an internationally recognized arbitrator based in Palo Alto, California. He focuses on cutting-edge U.S. and cross-border disputes involving technology development, licensing, corporate transactions, and emerging technologies, including cybersecurity, digital assets, artificial intelligence, and quantum computing. Before becoming a full-time arbitrator, He was a partner at Coudert Brothers LLP and Pillsbury Winthrop LLP and later served as Chief Legal Officer for a cybersecurity company supporting U.S. national security interests. He is also the founder of SVAMC, the nonprofit foundation that collaborates with the tech sector and institutions including AAA-ICDR on time- and cost-efficient technology dispute resolution.
We asked him how his expertise informs his approach on the American Arbitration Association® Blockchain & Web3 Disputes Panel.
Tell us about your professional background and how you became involved in Web3-related disputes, including matters involving blockchain, cryptocurrency, digital assets, or smart contracts.
I’ve been a Silicon Valley technology lawyer handling emerging growth matters for over 35 years. My focus has been on technology development, IP licensing, distribution, investment, M&A, and other corporate and commercial transactions involving emerging technologies, including cybersecurity, cryptocurrency, AI, and quantum computing. Beyond working extensively with hardware, software, mobile, and the cloud, I’ve handled several dozen cryptocurrency and digital asset matters, including (and currently) some of the largest international disputes in the field.
What types of Web3 disputes do you most often see in your work? How do they differ from more traditional commercial, financial, or technology disputes?
Most of my Web3 work has involved development, investment, and other corporate and commercial transactions involving Web3 technologies. Many of these disputes focus on new technology solutions. Many involve offshore structuring, raising complex international and jurisdictional issues. In many ways, these cases aren’t very different from other complex commercial technology disputes, but having a fundamental understanding of how the technology works ensures efficiency and focus. Even more, having an appreciation for how emerging technology companies do business is critical for providing properly reasoned and business-practical decisions.
What trends are you seeing in Web3 disputes? What developments do you think will most shape the future of dispute resolution in this area?
Convergence. Although generative AI has captured the headlines in recent years, agentic AI is already having a broad impact and is likely to become an increasing focus, particularly as it converges with blockchain and smart contracts. These technologies are increasingly deployed through complex ecosystem platforms involving multiple parties and interdependent transactions, calling for a shift from contracting primarily against single-party breach to contracting for ecosystem resilience and performance. Dispute resolution professionals need to be conversant in this technical and contractual shift from individual transactions to ecosystem solutions.
Beyond AI, quantum computing is rapidly moving from research into commercial implementation. AI is accelerating its development. Quantum computing represents a fundamentally different way of processing information. It could reshape Web3 through advances in optimization, security, and new blockchain architectures, but its impact is likely to be far broader, creating major opportunities and challenges across materials science, biotechnology, cybersecurity, logistics, energy, climate, defense, and other fields. This will present many novel contractual, technical, evidentiary, and liability issues in dispute resolution.