Have you ever been involved in complex business litigation (not involving any government) where the parties have serious disagreements over the terms and whether or not they were violated? Where mediation and arbitration failed repeatedly so many times it would never be resolved without binding arbitration that the contracts never considered; where the losing party ignored the "binding" judgement? How would you gavels that? Because it's actually happening and I was an expert witness in the case.
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First, most "business litigation" has to do with corporations, which cannot exist without the state. Second, these things would, as always, be handled differently by different communities, based on their agreements and moral standards.
This is also one of those areas where smart contracts can & will do better than anything we've seen so far, and are opening the door to many possibilities we can't even imagine yet.