Digital Finance Law

Common and Civil Law

Robert Walters (Victoria University, Australia)

$305

Hardback

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English

Routledge
17 March 2025

Finance; Comparative law; Commercial law; Banking law

Series: Routledge Research in International Commercial Law

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.

By: Robert Walters (Victoria University Australia)
Imprint: Routledge
Country of Publication: United Kingdom
Dimensions: Height: 234mm, Width: 156mm,
Weight: 730g
ISBN: 9781032842042
ISBN 10: 1032842040
Series: Routledge Research in International Commercial Law
Pages: 292
Publication Date: 17 March 2025
Audience: College/higher education , Primary
Format: Hardback
Publisher's Status: Active

Table of Contents Foreword Problem Definition 1. Introduction 1.1 Digital Finance and Fintech Theory 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 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 [Patents 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

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.