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.

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Liviu Zidaru on European Parliament Study on Efficient Cooperation with the UK: “One wonders whether this petty revenge of the EC should not be abandoned, the Lugano Convention accession is by far…”
Adrian Briggs on Worldwide Freezing Injunctions Granted in Common Law Jurisdictions: A Civil Law Perspective: “To pick up the reference to the case of Gambazzi, if the application is to enforce or otherwise give effect…”
Gilles Cuniberti on Worldwide Freezing Injunctions Granted in Common Law Jurisdictions: A Civil Law Perspective: “Many thanks indeed, Pietro. The same issues were raised and addressed similarly in France. First, a distinction between the civil…”
Matthias Lehmann on Worldwide Freezing Injunctions Granted in Common Law Jurisdictions: A Civil Law Perspective: “Many thanks for relaying this fascinating decision! The Corte di cassazione deserves to be commended for its open and realistic…”
Andreas Bucher on Jurisdiction in Employment Matters under Brussels I bis: A Proposal for Reform: “Interesting, however still consideerably complicated. Should the position not be that weaker party would be better protected if the grounds…”