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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

Katten Muchin Rosenman—Charlotte Hill

Katten Muchin Rosenman—Charlotte Hill

Katten strengthens financial markets and funds group in London

Hugh James—Keith Cundall & Lee Hart

Hugh James—Keith Cundall & Lee Hart

Hugh James expands national Serious Injury team with two new Partners

HFW—Rémi Ducloyer

HFW—Rémi Ducloyer

HFW continues Paris office growth with public law Partner hire

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