Abstract

The cryptocurrency industry 'moves fast and aims to break things,' but contract drafters operating in this space cannot afford to take the same approach to their dispute resolution clauses. Digital asset service providers routinely insert arbitration clauses into their terms of service as a quick, expedient solution to cross-border dispute resolution. The problem is that many of these clauses are unenforceable - and the drafters may not even know it. This paper reviews the numerous instances where courts have found the arbitration clauses in cryptocurrency exchange agreements to be ...