Crypto disputes in arbitration: legal developments and challenges from around the world

Specific challenges and developments have arisen in this context. For example:
• Arbitration Agreements and Arbitrability: Many crypto businesses use online terms and conditions which include arbitration agreements. The validity of these arbitration agreements has been challenged. Relatedly, the question of what happens to court proceedings pending a decision on arbitrability has also appeared in crypto disputes.
• Dissipation of Assets and Interim Measures: The risk of dissipation of assets in crypto- disputes is particularly acute, given the ease with which crypto-assets can be transferred. Claimants, therefore, often seek injunctive relief (such as proprietary/freezing injunctions) and face the question of whether the court can order such measures.
• Enforceability of Awards: With differing regulatory frameworks and ideas of public policy at play, the enforceability of crypto-related arbitral awards is not straightforward.
The panel will examine, from a comparative perspective, these and other unique challenges and developments that have arisen in the context of crypto-disputes.