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Counsel Edward Taylor (Hong Kong-International Arbitration) co-authored an article titled “Crypto Arbitration: A Survival Guide” for Kluwer Arbitration Blog.
The article considers the increase in international arbitrations over crypto asset related disputes since the “crypto winter,” which has seen the value of crypto assets decline in value by approximately $2 trillion since their 2021 peak, and identifies several different types of crypto disputes that have emerged. The article also examines key challenges that can arise when such disputes are arbitrated, including legal, practical and valuation matters, and how they can best be addressed.
The authors conclude that international arbitration is ultimately well suited to resolving crypto disputes but, as with any emerging area of practice, new challenges will undoubtedly arise over the coming months as arbitral tribunals and national courts are exposed to an ever increasing number of crypto disputes.