Introduction to the Online Symposium on the Law Commission’s Consultation Paper on Digital Assets/ETDs and PIL

On 5 June 2025, the Law Commission of England and Wales published a consultation paper (paper; summary) proposing reform to certain rules of private international law that apply in the context of digital assets and electronic trade documents. This development was covered by the EAPIL blog.

In brief, the Consultation Paper makes four key contributions:

1. Proposals for a new free-standing information order, designed to assist claimants at the initial investigation stage of proceedings where the pseudo-anonymous and decentralised nature of the crypto-token environment presents significant obstacles to formulating and issuing a fully pleaded substantive claim;
2. An analysis of the preferred interpretation of the tort and property jurisdictional gateways for service out of the jurisdiction in the context of claims relating to crypto-tokens;
3. Proposals for a supranational approach in cases where the degree of decentralisation is such that the Rome I Regulation and the lex situs rule cannot meaningfully apply;
4. Proposals to reform section 72 of the Bills of Exchange Act 1882 (‘1882 Act’) for all disputes, whether or not concerning electronic trading documents

The proposals have generated significant interest. The proposals for a supranational approach are particularly radical and controversial, whereas the proposals for a new free-standing information order and to reform section 72 of the 1882 Act represent more incremental reforms.

Given their importance, the EAPIL blog will host an online symposium on the proposals on 5-7 November 2025.

The focus will be on proposals 1, 3 and 4. These aspects of the Consultation Paper will be discussed by Koji Takahashi (Doshisha University), Burcu Yüksel Ripley (University of Aberdeen), Matthias Lehmann (University of Vienna), Aygun Mammadzada (Swansea University). and Sagi Peari (University of Western Australia). Koji will cover the proposals for a new free-standing information order, Burcu, Matthias and Aygun will discuss the proposals for a supranational approach, and Sagi will address the proposals to reform section 72 of the 1882 Act.

We are very fortunate to have contributions from these four contributors, whose scholarship has significantly influenced the Law Commission’s thinking, as is clear from the references in the Consultation Paper.

As always, readers are encouraged to participate in the discussion by commenting on the posts.