EAPIL Working Group on the Law Applicable to Digital Assets

Chair and contact

Matthias Lehmann (matthias.lehmann@univie.ac.at) and Gilles Cuniberti (gilles.cuniberti@uni.lu)

Type of Group

Open Working Group

Current members

  • Pedro de Miguel Asensio
  • Jorge Erazo
  • Morten Fogt
  • Kirsten Henckel
  • Teemu Juutilainen
  • Antonio Leandro
  • Vassiliki Marazopoulou
  • Gustavo Moser
  • Alina Ontanu
  • Ioannis Revolidis
  • Frederick Rielaender
  • Konstantinos Rokas
  • Poomintr Sooksripaisarnkit
  • Francesca Villata
  • Johannes Ungerer
  • Burcu Yüksel Ripley

Mission statement

The Working Group offers a forum for exchanging ideas and reflecting on the issue of the applicable law to digital assets.

UNIDROIT Draft Principles on Digital Assets

In January 2023, UNIDROIT issued Draft Principles and Commentary on Digital Assets and Private Law (‘the Draft Principles’), which contain a provision on Conflict of Laws (Principle 5). UNIDROIT has launched a public consultation seeking comments on the Draft Principles.

The Working Group has drafted a Position Paper commenting on the private international law aspects of the Draft Principles, which was submitted to UNIDROIT on 20 February 2023. The final version of the Position Paper, dated 16 March 2023, can be downloaded here.

UNIDROIT Joint Project with the Hague Conference

Unidroit and the Hague Conference for Private International Law have announced that they will be working jointly on the issue of the law applicable to digital assets.

The EAPIL Working Group will be following closely this work and reacting to it.