Conflict of Laws in Blockchain-Based Crypto-Assets 

Prof. Koji Takahashi
Doshisha University, Kyoto
Japan

Thursday, 12 September – 4:00 pm
Room V U107, Faculty of Law – Professor-Huber-Platz 2, 80539 Munich

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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.