United Kingdom: Law Commission concludes consultation on digital assets and (electronic) trade documents in private international law

On 8 September 2025, the Law Commission of the United Kingdom completes its consultation on its paper on the application of private international law to emerging technologies, particularly distributed ledger technology, crypto-tokens, electronic trade documents, and smart legal contracts. The paper addresses the legal complexities created by decentralised technologies that operate across borders, challenging traditional legal systems grounded in territorial jurisdiction. The consultation paper proposes various solutions, including the introduction of new information orders to support claimants in crypto-token disputes, clarification of the jurisdictional gateways for service out of the jurisdiction of England and Wales, and alternative approaches to identifying the applicable law in highly decentralised environments. The Commission also suggests modernising certain provisions of the Bills of Exchange Act 1882. The final recommendations are expected in 2026.