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06 October 2023 / Charlotte Hill
Issue: 8043 / Categories: Features , Cyber , ADR , Arbitration
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Arbitration: David meets Goliath

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Can an arbitration award be recognised & enforced against a UK consumer? Charlotte Hill reports
  • Is an arbitration award relating to a cryptocurrency exchange contract recognisable and enforceable against a UK consumer?

The English Commercial Court has recently considered whether an arbitration award relating to a cryptocurrency exchange contract is recognisable and enforceable against a UK consumer. In Payward, Inc and ors v Chechetkin [2023] EWHC 1780 (Comm), [2023] All ER (D) 102 (Jul) Mr Justice Bright refused to enforce a foreign-seated arbitration award against a UK consumer, because to do so would be contrary to public policy.

Exchanges, marketplaces and other payment service providers must therefore review their B2C terms and conditions to consider whether any arbitration clauses are effective against a UK consumer given this judgment, and the other similar judgment in Soleymani v Nifty Gateway LLC [2022] EWCA Civ 1297. In Nifty Gateway, the Court of Appeal lifted a stay (pending a New York arbitration) to consider whether an arbitration agreement was null and void, inoperative

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MOVERS & SHAKERS

WSP Solicitors—David Ashcroft & Jessica O’Shea

WSP Solicitors—David Ashcroft & Jessica O’Shea

Commercial property and child law teams expand with senior hires

Duxton Hill Chambers—Lucas Bastin KC & Joshua Hiew

Duxton Hill Chambers—Lucas Bastin KC & Joshua Hiew

Set expands London and Singapore offering with senior international disputes hires

Gilson Gray—Gregor Duthie & Stephen Forsyth

Gilson Gray—Gregor Duthie & Stephen Forsyth

Firm strengthens real estate and litigation teams with partner promotions

NEWS
Uber has built a formidable strategy for insulating itself from liability for drivers’ conduct, but the legal terrain differs sharply between the US and England and Wales
The Civil Justice Council’s review of Part III of the Solicitors Act 1974 could mark the end of what one commentator calls an ‘outdated’ and overly technical regime governing solicitor-client fee disputes
The House of Lords (Hereditary Peers) Act 2026 marks a constitutional watershed by severing the centuries-old link between hereditary titles and automatic membership of the upper chamber
Artificial intelligence, proportionality and public decision-making are under increasing judicial scrutiny, according to the latest public law round-up from Herbert Smith Freehills Kramer
Families relying on informal agreements over property ownership could face costly consequences if disputes arise, the High Court has warned
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