CLLS Financial Law Committee's Responses to the Law Commission’s Consultation on Digital Assets and Private International Law [I]

This response to the Law Commission's Consultation Paper 273 entitled, "Digital assets and (electronic) trade documents in private international law" has been prepared by the Financial Law Committee of the CLLS, whose members specialise in major financings involving obligors incorporated in multiple jurisdictions, creditors incorporated or doing business in multiple jurisdictions, and assets located, or deemed by principles of private international law to be located, in multiple jurisdictions.

Consistent with the Financial Law Committee's own focus on financial law matters, the scope of this Response has been limited to consideration of the appropriate private international law rule to determine the applicable law governing contractual and proprietary issues relating to digital assets. The Financial Law Committee is submitting a separate response to the proposals on ETDs contained in Chapter 7 of the Consultation Paper (the "ETD Response").