This dissertation explores the potential of algorithmic contracting, referring to the practice of automating contractual agreements through computer code. While not a new concept in itself, the practice has recently generated strong interest from both scholars and commercial players as a result of the possibility to integrate advanced technologies into the process such as the Blockchain or Artificial Intelligence or to connect with data gathering technologies such as the Internet of Things, and benefit from increased capabilities resulting therefrom. As the world seems to be increasingly driven by technological innovation, it may be that contractual practices ought to undergo a similar technological transformation too, so as to match the pace and demands of our now fast-moving digital economy.

While certainly promising, these emerging forms of contracting would nonetheless raise various commercial, technical and legal challenges that would need to be addressed, especially should algorithmic contracts aim to sustain greater commercial adoption and represent the ‘future of contracting’. Based on extensive scholarly research and analysis, this paper explores these issues in light of the wider commercial potential of algorithmic contracts, and attempts to resolve identified legal challenges by proposing a tailored regulatory approach. Provided that commercial and technological challenges can be addressed too, these emerging forms of contracting could indeed usher us into a new contracting paradigm driven by technological advancement.