What About Volatility? Enforcement Of Crypto-Related Decisions in Spain

Article by Hector Sbert, partner at ECIJA Barcelona.

What about volatility? Enforcement of crypto-related decisions in Spain

How to enforce an arbitral award that orders the award debtor to refund in kind a specific amount of crypto and digital assets?

Can an enforcement Court issue disclosure and attachment orders, both to the award debtor and to third parties (e.g., crypto exchanges), to obtain such refund?

What happens if such orders lead nowhere, and the refund becomes eventually impossible?

Can the order to refund be transformed into an order to pay the value in fiat currency of those crypto and digital assets?

If so, at what price should they be valued?

Who bears the risk of volatility of the crypto and digital assets?

In the 2023 edition of ICC FraudNet Global Annual Report: “Fraud and Asset Recovery in an Unstable World”, Héctor Sbert, Litigation & Arbitration partner of our Barcelona office, tries to answer those challenging questions from a perspective of Spanish law.

Read or download the article in the pdf below.