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Disputes · Litigation

Crypto litigation: claims against exchanges and counterparties

Court is not the first step but the last argument: most disputes with platforms are resolved by a well-drafted letter of claim. When litigation is unavoidable, though, the outcome is decided by what you do in the first two weeks.

Who sues whom, and over what

Three standard categories: disputes with platforms (funds held, losses from forced liquidation, offboarding without release of the balance), disputes with counterparties (unperformed OTC trades, crypto-denominated loans, settlements between partners) and disputes around projects (token investments, obligations owed by teams).

What decides the outcome

  1. Jurisdiction and contractual clauses. Platform user agreements almost always contain an arbitration clause and a choice of law. That is not the end of the matter: consumer rules in a number of jurisdictions allow you to sue at home — but this has to be checked before filing.
  2. Interim relief. Crypto moves in minutes, and a claim without a freezing order is often won against an empty wallet. Courts in the key jurisdictions have learned to freeze crypto assets, including against persons unknown.
  3. Evidence. On-chain data is strong evidence, but it has to be presented properly: an expert report, formal preservation of the record, and linking addresses to people.

The economics of a claim

An honest calculation before you start: the costs of the full cycle, the likelihood of enforcement (a judgment against an offshore structure with no assets is a piece of paper), and how long it will take. We talk clients out of litigation more often than we take it on — a normal ratio in a healthy practice.

Frequently asked questions

Can I sue a crypto exchange if the agreement says arbitration?

Often yes: consumer rules in a number of jurisdictions give you a right to a local court despite the clause. It has to be checked against your jurisdiction and your status (consumer or professional).

How long does a dispute with a platform take?

The pre-action stage takes weeks; arbitration or court, from many months to years. That is why interim relief at the outset matters more than the speed of the final decision.

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