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Rajah & Tann Regional Round-Up

your snapshot of key legal developments in Asia

Issue 1 - Jan/Feb/Mar 2023


SINGAPORE

How Courts are Dealing with Crypto Disputes – Recent Developments in Crypto Asset Litigation across Jurisdictions

The crypto market has been through a tumultuous year, leading to an uptick in crypto litigation. Here, we explore the notable crypto litigation developments in the past year.


Jurisdictional gateways


Victims seeking their local courts' assistance must first demonstrate a good arguable case for invoking the court's jurisdiction over foreign parties.


  1. In the UK, the recent decision of Osbourne v Persons Unknown [2023] EWHC 39 ("Osbourne") has cast doubt on the previously accepted position that jurisdiction follows the location of intangible crypto asset.
  2. The Singapore courts have typically assumed jurisdiction on other bases, such as the defendants carrying on business or having assets in Singapore (CLM v CLN [2022] SGHC 46, Janesh s/o Rajkumar v Unknown Person [2022] SGHC 264).

CAMBODIA

CHINA

INDONESIA

LAO PDR

MALAYSIA

MYANMAR

PHILIPPINES

SINGAPORE

THAILAND

VIETNAM



Please note that whilst the information in this Update is correct to the best of our knowledge and belief at the time of writing, it is only intended to provide a general guide to the subject matter and should not be treated as a substitute for specific professional advice.

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