Digital Finance Law: Common and Civil Law

by Robert Walters

Overview

This book assesses the rapidly changing landscape of digital finance regulation. Focusing on the laws of banking-finance, tax, insurance, intellectual property (patents and copyright) and international commercial arbitration, it also delves into the regulation of tokens and the laws pertaining to its development, use, and transaction.

The book undertakes a comparative study of civil and common law jurisdictions such as Australia, India, Japan, Singapore, United Kingdom, European Union, and the United States. It explores how each jurisdiction is at various stages of developing its digital economy and providing banking and financial regulations for crypto-digital assets such as tokens. It also highlights the potential for global regulatory change and collaboration, such that there is a robust, efficient, and harmonised framework of standards, codes and law. The book asserts that blockchain technology will be a disruptive force to commercial law and will be important to taxation and insurance laws (smart contracts), as well as the technology that supports them. Due to the rapid transformation in regulatory landscape, the laws compared were as at November 2024. Since then there have been changes. It also expands on how international arbitration agreements will require more extensive knowledge on data and cybersecurity due to the use of expert evidence that involves blockchain, code, and cybersecurity, amongst other technological elements that facilitate smart contracts and token transactions.

A book of keen interest to scholars of finance law, digital finance, and comparative law, as well as legal practitioners.

Product Details

ISBN-13:	9781040324660
Publisher:	Taylor & Francis
Publication date:	03/17/2025
Series:	Routledge Research in International Commercial Law
Sold by:	Barnes & Noble
Format:	eBook
Pages:	306
File size:	4 MB

About the Author

Robert Walters is an Associate Professor Law and Director Technology Law and Legal Research, Victoria University-Australia, Adjunct Professor European Faculty of Law, Advisor Corporate Insolvency Centre Gujarat National Law University, India, Honorary Lecturer Liverpool Law School, United Kingdom, Adjunct Research Fellow University Western Australia. Dr Walters is a practicing Solicitor and International Arbitrator, holding an LLB (Victoria), MPPM (Monash), PhD Law (Victoria), and been engaged by national governments to address commercial and private law matters across the digital economy.

Table of Contents

Table of Contents

Foreword

Problem Definition

1. Introduction

1.1 Digital Finance and Fintech

1.2 Technology – Digital Finance and Tokens

1.3 Categories of Tokens

1.4 Structure and Methodology

1.5 Referencing, Terminology, and Research Limitations

1.6 Conclusion

2. Finance and Banking

2.1 Introduction

2.2 International Law

2.3 National Laws

2.4 Conclusion

3. Taxation

3.1 Introduction

3.2 Additional Tax Considerations

3.3 Arbitration

3.4 Technology Challenges and Advancements

3.5 Conclusion

4. Insurance

4.1 Introduction

4.2 Data – Cybersecurity

4.3 Arbitration

4.4 Conclusion

5. Intellectual Property Law [Patent and Copyright]

5.1 Introduction

5.2 Patents

5.3 Copyright

5.4 Conclusion

6. International Arbitration

6.1 Introduction

6.2 Evidence

6.3 Forced Arbitration

6.4 Partiality

6.5 Conclusion

7. Conclusion

7.1 Introduction