The author examines the significance of the Arbitrum Security Council’s recent decision to freeze and transfer misappropriated cryptoassets without the private key. The author assesses the implications of this intervention for the principle of “not your keys, not your coins”, the blurring of boundaries between custodial and non-custodial wallets, and the broader ramifications for cryptoasset enforcement and recovery in the English courts and beyond.
25 JUN 2026This article considers the possibility of recovering cryptoassets without the authorisation of the private key.
1 SEP 2022This article considers a key potential value proposition of smart contracts, namely the elimination of performance risk, and the trade-offs required in order to fully realise that potential. On the other hand, it considers the limits of any attempt to utilise smart contracts to oust the applicability of the law and legal systems.
1 NOV 2022