[kittywav]

Yes, but a "smart contract" is not a (legal) contract: it's just a fancy name for "a software program that runs on a blockchain".

Thus, "smart contracts" behave like software programs (what happens is what is actually written in the "smart contract", not the intent that programmer had when he wrote it, nor the expectation of the user when he interacts with it), and not like legal contracts (where intents and expectations come into play, and courts can be involved for arbitration).

Besides, which exact court would have jurisdiction over a smart contract exploit that happens in Ethereum, for example? A court in the country of the person deploying the contract? A court in the country of the person that interacted with the contract and lost their assets? A court in the country of the (unknown) exploiter? A court in the country of the blockchain developers?