Tech Disputes, Crypto-Arbitration & Crypto-Litigation Support
When it comes to resolving disputes, the ability of lawyers to handle digital and meta-data evidence can make or break a case. As exclaimed by Law.com in 2022, the headline reads: “The World Was Not Quite Ready for a Crypto Implosion, Lawyers in Asia Even Less So”. Traditional law firms struggle to handle digital evidence, technology, and technical issues, as most lawyers are, after all, trained to be paper-based practitioners.
Under Section 63 of the Arbitration Ordinance (Cap. 609) (“AO”) in Hong Kong, “Parties are entitled to appoint advisers and advocates of their own choice, whether or not legally qualified and whether local or foreign”. This provision exists in many arbitration laws worldwide.
In the era of crypto-winter and with the implosion of various crypto projects and platforms (e.g., FTX), there is a high demand for dispute resolution specialists who are knowledgeable in this field. It is crucial to have experts who understand the intricacies of IT to advocate IT-heavy cases. Section 63 of the Arbitration Ordinance caters to these specific needs.
At XBE, we offer tech-arbitration representation services with a panel of experts and dedicated tech teams to handle your case. With the growing number of crypto disputes, we see an ever-growing need for our services. With practitioners specializing in blockchain, smart contracts, cybersecurity, and all things tech, we can provide a uniquely mixed element of specialist services.
Tech & Regulatory Arbitration Specialists: We conduct rigorous financial and economic analysis to help resolve complex disputes – from the boardroom to the arbitration courtroom. Our experts are adept at providing in-depth advocacy, analysis, quantum of damages, forensic accounting, and valuation expert testimony in international arbitration matters.
Investigation and Compliance: We bring forensic accountants, technologists, and former regulators to our investigations and compliance matters, leveraging experts across an expansive global footprint to meet transnational investigation and compliance requirements, both in the pursuit and support of international arbitration. We co-counsel with other leading legal experts to leverage the best of all traits in a range of cases.
Forensic Tech: We effectively use technology to uncover and manage evidence and intelligence in contentious legal, regulatory and compliance situations. Our technology experts specialize in electronic discovery and disclosure management, forensic investigations, forensic data analytics, cyber risk and incident response, and privacy and data compliance.
Crypto Fraud and Asset Recovery: Specialists providing services in crypto fraud detection and asset recovery in Hong Kong’s digital asset ecosystem. Be it arbitration or litigation, we assist the client in pursuing their claims in arbitration (where appropriate) or in tandem with partnering law firms where it falls within the scope of litigation and police investigation assistance.
Tech Disputes require tech specialists. As Bitcoin's value soared, there was a corresponding surge in the number of "Blockchain" professionals, including lawyers and advisors. However, a significant issue arose — many of these professionals entered the industry solely due to their interest in Blockchain, particularly during the Bitcoin bubble of 2017, without truly appreciating the true potential of the underlying technology, which extends beyond Blockchain itself and encompasses Distributed Ledger Technology, also known as "DLT."
The result of this rush was the birth of various 'Blockchain advisors' with serious consequences for the DLT community, namely the quality of projects that were undertaken and delivered by these new age ‘experts’. This, in turn, hampered the rapid implementation and adaptation of DLT creating poor publicity in the process.
At XBE, we align industry specialists with the client’s matter. Our unique expertise lies in our ability to comprehend and analyze tech-based evidence, which is a language of its own. This enables us to effectively showcase the strength of our client's cases within the appropriate context. Being a Technology Group at our core, we boast unmatched tech teams who possess the skills to decipher complex technical information and devise tailored tech solutions for every unique scenario.