Remedies in British Virgin Islands crypto asset disputes

The rapid development of the digital assets space and Web 3.0 ecosystem in the past 10 years has meant that courts in the British Virgin Islands (BVI) have been facing an increasing number of disputes in this space.

Crypto assets as property

EDMOND FUNGEDMOND FUNG
Edmond Fung
Senior Associate
Loeb Smith Attorneys
Hong Kong

Digital assets are neither tangible property (which can be possessed) nor assets that give rise to enforceable rights. Notwithstanding this, the English High Court, in AA v Persons Unknown and Others, provided much needed clarity on the legal status of Bitcoin and other cryptocurrencies. Justice Bryan held that, “I am satisfied … that cryptocurrencies are a form of property capable of being the subject of a proprietary…

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