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Our legal guide shows how to arbitrate sim swap & phishing theft cases against crypto exchanges such as including Coinbase, Gemini & Binance. This article arises out of a webinar that the authors put on through the. American Arbitration Association (AAA) to explore the factual and legal. Arbitration in the crypto sector depends in practice on the parties having concluded an agreement to arbitrate before a dispute arises.

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Applicable law plays an important role in arbitration, as the arbitrator will typically be required to apply the relevant laws and regulations to the dispute at hand. For example, depending on the jurisdiction, requesting an award of damages quantified in fiat currency of equivalent value to the crypto currency in dispute, rather than the crypto currency itself, may reduce the likelihood of enforcement being denied. Companies should properly tailor their dispute resolution clauses: Not only should companies consider which arbitral seat and governing law may be most advantageous or convenient to them, but they should also consider the location of any consumers and whether their services have a close connection to other locations, as this may affect the enforceability of any arbitration award.