Robyn Watson

This Practice Note on crypto and digital assets for dispute resolution lawyers identifies the common characteristics of cryptoassets, their initial development via the Bitcoin White Paper, how cryptography works, the distinction between public and private keys, the concepts of nodes and mining (including proof of work and proof of stake), explains blockchain, identifies different types of digital asset, explains how crypto exchanges typically work and the emergence of regulatory obligations in this area.

Arbitration differs from litigation because it provides a private forum for the resolution of disputes, as opposed to proceedings in open court. It is widely used in sectors such as construction, shipping, sports, and energy-industries that are typically international and involve high‑value transactions. It is therefore unsurprising that parties to cryptocurrency and blockchain‑related disputes are increasingly doing likewise. Its core advantages are flexibility, confidentiality, and easier cross‑border enforceability, which align with the needs of the crypto sector.Arbitration enables parties to appoint decision-makers with expertise in blockchain technology, smart contracts and digital asset markets–expertise that may not be available in all national courts. Arbitration is adaptable, allowing disputes to be resolved faster than court proceedings. Speed is especially important where digital assets have been misappropriated and risk dissipation.Confidentiality is another benefit, as arbitration allows proceedings and awards to remain private, protecting sensitive proprietary information such as code or algorithms. Finally, arbitration can mitigate the jurisdictional challenges prevalent

This Practice Note on civil recovery of misappropriated cryptoassets identifies the potential methods for seeking recovery as well as explaining the difficulties, both legal and technical, in so doing given the nature of cryptoassets and the ease with which fraudsters may engage technical tools to avoid detection of the misappropriated assets. It includes reference to following and tracing of cryptoassets in the recovery process as well as interim relief in civil recovery of cryptoassets and the relevance of the Proceeds of Crime Act 2002 provisions with regard to civil recovery of cryptoassets.

This Q&A considers whether there are any restrictions on complexity from the perspective of using Part 8 for a declaration.

This Q&A considers whether a settlement agreement can waive claims against a non-party (non-party to the settlement agreement and non-party to the proceedings) as a term of settlement.

This Q&A considers the court's discretion to give leave for the invoices to be replaced by signed bills without commencing fresh proceedings, where a firm of solicitors has issued a claim against a client for non-payment of invoices, the invoices provided by email are unsigned, and there is no indication from the client that they consent to the delivery of the invoices by email.