Crypto Disputes: Lack of action against “person unknown” in Swiss law – legislative changes needed?
In crypto fraud cases, the perpetrator can often only be identified by his wallet address, but not his real name. This has recently been demonstrated once again by a decision of the BVI Commercial Court. This anonymity of the perpetrator poses an issue for victims of crypto frauds who want to pursue a civil action in Switzerland. Legislative changes are needed.
Crypto Disputes: Delaware court rules on damages calculation for breach of a contract denominated in crypto assets
In a recent case, a Delaware court had to deal with the question of how damages are to be calculated if the contract is denominated in crypto assets.
BILANZ ranking: Lex Futura ranked top law firm 2022 in five categories incl. a new top ranking in the area of Dispute Resolution
We are happy to announce that were able to achieve another award in the BILANZ Law Firm Ranking 2022. We are now also listed with the highest rating in the area of dispute resolution. In addition, our clients and colleagues confirmed the rankings from previous years in the areas of "international law", "technology and telecommunications law" and "private equity and venture capital".
Crypto disputes: New High Court judgment on crypto developers (lack of) fiduciary duty to crypto owners
Do crypto developers have fiduciary duties towards crypto owners? A group of claimants tried to argue this before the High Court in London. The main argument can be summarized as follows: if you lose your crypto assets because the private keys on your computer get hacked, the crypto assets core developers have an obligation to develop a patch to fork the network to give you the lost bitcoins back. The court rejected this argument.
Switzerland plans to join the Hague Convention on Choice of Court Agreements
The Federal Council wants to join the Hague Convention on Choice of Court Agreements. This regulates the jurisdiction of courts in international commercial disputes and the cross-border recognition of judgments. In doing so, the Federal Council wants to create legal certainty and strengthen Switzerland as a business location. At its meeting on March 30, 2022, it opened the consultation process on the corresponding federal decree. Accession would also facilitate the enforcement of British judgments in Switzerland, which has become a little more complicated following Brexit.
Using Calderbank offers in arbitration – Seven tips
Calderbank offers are a useful cost management technique in international arbitration. They can offer significant protection against an adverse costs award. However, a Calderbank offer must be drafted carefully and presented in the right procedural environment. The present blog post offers seven tips for making a Calderbank offer.