The New York State Bar Association Dispute Resolution Section (NYSBA DRS) and Committee on Digital Assets and Currency Present Resolving Digital Asset Disputes Through ADR: the Impact of the Guiding and Establishing National Innovation for U.S. Stablecoins (GENIUS) Act

The GENIUS Act provides guidance on certain issues germane to the arbitrability or mediation of digital assets, while it simultaneously raises, or at least leaves unresolved, other critical issues. Panelists will explore whether crypto assets are securities, governed by the SEC, or are futures contracts, governed by the CFTC, or neither. They will further discuss whether the same crypto asset can at times be a non-security and at other times be a security. The panelists will discuss ADR’s growing role in crypto bankruptcies and the unique significance of categorizing a digital asset as a security, a futures contract or neither in bankruptcy cases. Issues discussed will include the conflict between strict confidentiality in ADR and the public interest in certain claims, particularly those relating to investor protection and market manipulation. Panelists also will share perspectives on what regulations concerning digital should be implemented.