Full Description
This book offers the first comprehensive analysis of the national and international legal issues surrounding digital assets in enforcement and insolvency.
Its primary aim is to ensure that the economic value of digital assets can be fully realised by creditors and other stakeholders through the legal processes and remedies available to them, and that holders of digital assets receive adequate protection. These legal issues are considered in diverse commercial and technical contexts, ranging from native cryptocurrencies to token, whether held directly or with custodians and other intermediaries.
The book offers analysis on different levels: Firstly, it scrutinises the existing legal frameworks for enforcement and insolvency in various countries and evaluates the extent to which they can accommodate digital forms of value; secondly, it compares the approaches taken in different jurisdictions and addresses the cross-border issues of jurisdiction and conflict of laws issues that may arise; and thirdly, it focuses on international texts, such as the UNIDROIT Principles on Digital Assets and Private Law, as well as the Global Code of Digital Enforcement, and suggested avenues for further harmonisation and unification of the law.
The book provides much-needed responses to the increasing significance of digital assets in modern insolvency and enforcement proceedings. It takes a unique global approach to a wide range of legal perspectives, drawing upon the contributors' experience as leading practitioners, representatives of international organisations, and academics, in common law and civil law jurisdictions around the world. The book identifies the most pressing areas for law reform, and proposes solutions that are both legally robust as well as fit for practical purpose.
Contents
Preface, Teresa Rodríguez de las Heras Ballell (University Carlos III, Spain)
Part I: Overarching Issues
1. Introduction, Christian Koller (University of Vienna, Austria) and Matthias Lehmann (University of Vienna, Austria)
2. Proprietary Rights in Digital Assets, Louise Gullifer (University of Cambridge, UK)
3. Digital Assets in Insolvency and Enforcement Proceedings: Some Insights from UNIDROIT's Work, Anna Veneziano (UNIDROIT, Italy) and Teresa Rodríguez de las Heras Ballell (University Carlos III, Spain)
4. The Role of the Situs of Digital Assets for Enforcement and Insolvency Proceedings, Michael Ng (Singapore University of Social Sciences)
Part II: Enforcement in Digital Assets
5. The Global Code on Digital Enforcement, Jos Uitdehaag (International Union of Judicial Officers, Netherlands)
6. Proper Procedure for the Enforcement of Money Claims in Digital Assets, Dominik Skauradszun (Fulda University, Germany)
7. How to Find Digital Assets of the Debtor - A View from Practice of Insolvency Administration, Anna K Wilke (Flöther & Wissing, Germany)
8. Interim Remedies in Crypto Fraud Cases, Nik Yeo (Fountain Court Chambers, UK)
Part III: Insolvency in Digital Assets
9. Digital Assets in Insolvency Law's Maze: Key Issues and Possible Solutions, Matthias Lehmann (University of Vienna, Austria)
10. Digital Assets in Enforcement and Insolvency from a Liechtenstein Legal Perspective, Thomas Nägele (NÄGELE Attorneys at Law LLC, Liechtenstein) and Markus Stelzl (Inmann Stelzl & Partner, Liechtenstein)
11. Crypto Custody in Insolvency: An Empirical View, Dirk Zetzsche (University of Luxembourg) and Areti Nikolakopoulou (University of Luxembourg)
12. Crypto Assets in Insolvency - Rights of Crypto Asset Holders under Austrian Law, Oliver Völkel (Stadler Völkel, Austria)
13. Protection of Holders of Crypto Assets under French Law, Hubert de Vauplane (Kramer Levin LLP, France)
14. Insolvencies of Crypto Exchanges: Experiences of Japan, Tetsuo Morishita (Sophia University, Japan)
15. Settlement Finality and Legal Certainty in Proof-of-Work Blockchain, Hossein Nabilou (University of Amsterdam, Netherlands)
16. Finality, Rights in Rem, and the Blockchain: Can Transactions in Crypto Assets be Set Aside? Amy Held (University of Vienna, Austria)
17. Property Rights in Digital Assets under Uniform State Laws in the United States, Benjamin Geva (University of Toronto, Canada)
