CRYPTOCURRENCY, PUBLIC POLICY, ARBITRATION AND CROSS JURISDICTIONAL IMPLICATIONS

29 Şubat 2024 CRYPTOCURRENCY, PUBLIC POLICY, ARBITRATION AND CROSS JURISDICTIONAL IMPLICATIONS

Companies providing cryptocurrency platforms in the UK and other countries should consider whether the choice of law in their arbitration agreements may fail due to public policy matters arising from, for instance, consumer protection and financial services laws. Having the enforcement of a final Award rejected on public policy grounds is arguably a financial and time burden for the contracting parties, and may derail the arbitral goals of reaching final resolution efficiently and fairly. Depending on the types of services offered to consumers, consideration of consumer based public policy issues should perhaps be considered in drafting arbitration provisions.

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