From Re Gatecoin to ByBit: The solidification of the nature of crypto assets as “property”
By Kartikey Mahajan, Bhavya Chengappa, and Aayushi Singh (Khaitan and Co)
Background
The Courts of both Hong Kong and Singapore have declared…
Crypto Failures: Contract, Property and Regulatory Law
By Ilya Kokorin (Leiden University)
Introduction
2022 and 2023 are widely regarded as the years of crypto bankruptcies. The collapses of Three Arrows Capital, Voyager, Celsius, FTX/Alameda,…
Cryptocurrency related Situs Issues: An analysis of Cheong Jun Yoong v. 3AC
By Kartikey Mahajan, Bhavya Chengappa and Aayushi Singh (Khaitan and Co)
The General Division of the High Court of Singapore (SGHC) in Cheong Jun Yoong v Three Arrows…
Netherlands Commercial Court holds that digital data cannot be subject to ownership - What does this mean for insolvency practitioners?
By Jung Sangbum (INSOL Asia Hub)
Introduction
An insolvency practitioners’ role includes, inter alia,…
Crypto-custodians insolvency proceedings: Clarifying the proprietary nature of crypto-assets
By Paúl Noboa-Velasco (San Francisco de Quito University)
Introduction
The treatment of crypto-assets during the insolvency proceedings of crypto-assets…
HLS Bankruptcy Roundtable: Concluding Thoughts on a Series on Crypto-Bankruptcy
By Xiao Ma (Harvard Law School)
There is a new category of bankruptcies: crypto-bankruptcies. Although difficult to pinpoint the exact beginning of the recent wave of…
Crypto-Bankruptcy Claims: When the Going Gets Tough, the Tough Get Trading
By Divyansh Dev (Borden Ladner Gervais LLP)
The domino-like collapse of crypto-traders is catalyzing the commodification of bankruptcy claims. For example,…
When (Insolvency) Law and Digital Technologies Meet: Two Observations
By Ilya Kokorin (Leiden University)
Introduction
In her bestselling book The Code of Capital: How the Law Creates Wealth and Inequality, Katharina Pistor (Columbia Law School)…