The exclusive jurisdiction of the Courts of an universal insolvency proceeding
Dr. Elisa Torralba
Autonomous University of Madrid
SpainSaturday, 14 September – 11:00 am
Room W 401, Faculty of Law – Professor-Huber-Platz 2, 80539 MunichConflict of Laws in Blockchain-Based Crypto-Assets
Prof. Koji Takahashi
Doshisha University, Kyoto
JapanThursday, 12 September – 4:00 pm
Room V U107, Faculty of Law – Professor-Huber-Platz 2, 80539 Munich–
This paper will consider a range of choice-of-law issues arising from crypto-assets on blockchains.
(1) Contractual issues. Suppose that a contract is concluded pursuant to which bitcoins are offered to purchase goods. Given that cryptocurrencies are not a fiat currency and might not be seen as goods, is that contract to be characterised as a “sale of goods”, a “barter of goods”, or a “barter of service for goods” for the choice-of-law purposes? Aside from the question of characterization, blockchains will not raise particularly difficult choice-of-law questions in contract since party autonomy is almost universally adopted.