It has come to my attention that my article "Implications of the Blockchain Technology for the UNCITRAL Works" had been published from the United Nations in November last year. The 50th anniversary Congress was a big occasion for UNCITRAL and it was my great honour to be part of it. Here is my article excerpted from the...
Showing posts with label restitution. Show all posts
Showing posts with label restitution. Show all posts
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I will be presenting my thoughts on the subject above in the upcoming Congress of the UNCITRAL for the celebration of its 50th anniversary (4-6 July 2017).My paper currently on the Congress website is a version which I sent to the UNCITRAL Secretariat some months ago and which no longer represents my latest thinking...
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The above phrase is the title of the note at http://sclbc.zehuti.co.uk/site.aspx?i=ed47875. I guess what the authors meant was who owns "bitcoins" while they also rightly point out relevance to other blockchain-based assets. It is nice to see this and other writings appearing in the course of last year which deal with...
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The bitcoin addresses are randomly generated long alphanumeric strings and prone to be mistyped. If bitcoin is transferred to a wrong address by mistake, what law is applicable to a restitutionary claim by the transferor against the transferee?This post will consider this question under the Rome II Regulation (Regulation...
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When we consider whether it is possible in law to obtain the recovery of stolen cryptocurrency units, what matters is normative, rather than technical, traceability of the stolen units. This is so whether the claim for recovery is based on the ownership of the units or the restitution of unjust enrichment.There may be...
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Arvind Narayanan writes in his blog post that since banks can reverse fraudulent transactions and law enforcement of digital financial crimes is relatively competent, the risk of getting caught combined with the diminished ability to cash in on attacks skew the economics against attackers. He contrasts this with bitcoin...
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What follows is a description of three of the circumstances where the legal ownership of cryptocurrency matters.1. The person with whom cryptocurrency is deposited (such as the provider of an exchange or an online wallet) has gone bankrupt. The depositor would certainly have a contractual claim for the return of the...
