Choice of Law under MiCAR: Applicable Law and Competent Court for Crypto-Assets, Services and Offerings

Abstract

In various instances, the Markets in Crypto-Assets Regulation (MiCAR) requires to disclose or select the applicable law and the competent court. However, this is easier required than done. This contribution seeks to assist crypto-asset issuers, offerors, and service providers in fulfilling their legal duties. It explains how the rules on Private International Law are applied to the specific context governed by MiCAR. It also analyses the possibilities for arbitrating crypto disputes and provides practical examples for drafting contracts and white papers.

Keywords: MiCAR, crypto-assets, offer to the public, crypto-assets services, competent court, jurisdiction, applicable law, Private International Law, arbitration

JEL Classification: K12, K15, K22, K33, K41