Andrew Stafford QC, Timothy de Swardt, Melisa Ortes González, Calvin Koo on Crypto Jurisprudence in Common Law Jurisdictions


April 5, 2022

Publication: Commercial Dispute Resolution

The landscape of blockchain technology and cryptocurrency has long seemed like a Wild West. But as Kobre & Kim’s Andrew Stafford QC, Timothy de Swardt, Melisa Ortes González and Calvin Koo detail in Commercial Dispute Resolution, in jurisdictions like the United Kingdom, the British Virgin Islands, Hong Kong and the United States, the sheriff is very much in town.

As all four locations are common law jurisdictions, their courts have all adapted their already high-developed case law and equitable jurisprudence to meeting the new challenges presented by the technology. Except for the U.S., the jurisdictions are also cost-shifting jurisdictions and provide security for costs, an advantage for small investors. The U.S. also has its own advantages, including from its approach to criminal forfeiture, boosted by the “long-arm” jurisdiction of its criminal agencies.

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