Authored by Mahmoud Abuwasel

Foreword by H.E. Justice Michael Black KC

UAE
CRYPTO
LITIGATION

Navigating Risk, Enforcement, and Compliance in the Digital Economy

THE DEFINITIVE GUIDE TO DIGITAL ASSET DISPUTES IN THE UAE

As the United Arab Emirates cements its status as a global crypto hub, its judiciary faces a critical challenge: applying established legal principles to a novel, fast-developing asset class.

In UAE Crypto Litigation, Mahmoud Abuwasel provides the first systematic analysis of this judicial evolution. Drawing on a comprehensive review of over 100 judgments, the book reveals the “judicial pragmatism” of UAE courts; demonstrating how judges look past technological novelty to the underlying economic substance of a transaction.

Structured along the seven-part lifecycle of a commercial dispute, this treatise covers:

Judicial Precedent: Detailed breakdown of how courts treat asset characterization, liability, and fraud.

Regulatory Insight: Comparative analysis of VARA, SCA, and CBUAE regimes.

Practical Strategy: Forward-looking guidance on contractual risk mitigation and transaction architecture.

Global Relevance: Essential lessons on the interplay between civil and criminal law in digital finance.

Essential reading for legal practitioners, arbitrators, and investors navigating the digital asset market in the UAE and beyond.

"The author, Mahmoud Abuwasel, brings to this project a combination of scholarly discipline and frontline practice."

"For judges, advocates and scholars confronting the unique legal questions posed by blockchain-related assets — questions of proof, valuation, enforceability, and jurisdiction — the insights contained here will serve as invaluable reference points."

"Readers embarking on this book will encounter both a comprehensive survey of pioneering UAE case law and a structured framework capable of informing future disputes well beyond the Emirates."

USED AS AUTHORITY IN
DIFC COURT TRIAL

REGISTERED WITH THE
U.S. LIBRARY OF CONGRESS

Book Contents

7 PARTS

103 CHAPTERS

INCLUDES 100+ JUDGMENTS

Part I: Foundational Principles and Characterization


Chapters 1 – 12.


The Nature of Over-the-Counter Transactions

Investment or Personal Loan?

Defining the Investment Relationship

Distinguishing Agency from Deposit

Distinguishing Loan from Partnership

Loan vs. Partnership in the Absence of Express Terms

Peer-to-Peer Sale or Fraudulent Scheme?

Defining Fraud: Puffery vs. Deception

The Valuation of Digital Assets Against Fiat

Title and Ownership in Failed P2P Transfers

The Burden of Proof for Wallet Ownership

Implied Service in Asset Mining Agreements

Part II: The Nature and Validity of Agreements


Chapters 13 – 22.


The Formation and Nature of Agreements

Enforcing Oral Management Agreements

Enforcing Unlicensed Management Agreements

Enforcing Oral Speculation Agreements

Debt Novation in Crypto Trading

Market Volatility and Force Majeure

Liability for Compromised OTP Authentication

Partnership vs. Payment for Services

The Status of Unsigned Contracts

Grounds for Voiding an Agreement

Part III: Disputes, Fraud, and Illicit Schemes


Chapters 23 – 43.


Characterizing Investment Schemes

Characterizing Failed Agreements

Characterizing Informal Trading Agreements

Corporate and Vicarious Liability in Fraud

Contractual Failures in Mining Operations

Breach of Non-Compete and Employer Damages

Coercion and Robbery Using Crypto-Assets

Malicious Prosecution in Crypto Disputes

Malicious Prosecution in Mining Disputes

The Misidentified Defendant

Misleading Advertising in Hardware Sales

Ponzi Schemes and Illicit Contracts

The Perils of Unlicensed Investment Schemes

Tortious Liability for Embezzled Investments

Tortious Liability in Failed P2P Transactions

Unlicensed Intermediaries and Burden of Proof

Unlicensed Trading and the Doctrine of Illegality

Evidentiary Burdens for Unlicensed Managers

The Duty to Repay for Unlicensed VASP Activity

Valuation and Restitution in Investment Fraud

Voiding Unlicensed Investment Schemes

Part IV: Establishing Liability in Crypto-Asset Disputes


Chapters 44 – 59.


Agent’s Liability for Unauthorized Investment

Allegations of a Compromised Wallet

Apportioning Liability in a Scam

Bank Liability for Unauthorized Purchases

Delegated Trading and Diminished Responsibility

Fiduciary Duties and Sophisticated Investors

Separating Fraud from Laundering in Civil Claims

Joint Liability in Fraud

Joint Liability in Ventures

Jurisdictional Gatekeeping in Cross-Border Disputes

Liability for Undelivered Bitcoin

Liability for Misdirected Transfers

Piercing the Corporate Veil: Associated Companies

Piercing the Corporate Veil: Director and Agent

Piercing the Corporate Veil: The Manager

Vicarious Liability in Transactions

Part V: Enforcement, Remedies and Recovery


Chapters 60 – 75.


Enforcing Security Cheques

Enforcing Agency Obligations

Enforcing Informal Bitcoin Agreements

Enforcing Loan Agreements and Penalties

Enforcing Investment Agreements

The Enforceability of Written Agreements

The Effect of Criminal Convictions on Civil Claims

Tracing the Fulfilment of an Investment Mandate

Frozen Funds in Failed Property Deals

Liability for Delayed Platform Deposits

Liability for Assets on a Defunct Exchange

Recovering Funds Amidst Criminal Proceedings

Securing Fiat On-Ramps and Bank Liability

Specific Performance in Salary Disputes

Recovering Funds After a Criminal Acquittal

Tracing Liability Through Payment Processors

Part VI: Procedural and Evidentiary Challenges


Chapters 76 – 91.


Acquittal by Doubt and Malicious Prosecution

Jurisdictional Reach in Investment Disputes

Characterizing Transfers: Debt or Failed Mandate

Cheques as Payment: The Burden of Proof

Distinguishing Corporate from Personal Liability

The Evidentiary Value of Ownership Certificates

Evidentiary Hurdles in Investment Disputes

Evidentiary Hurdles in High-Value Investments

Proving Unwritten Agreements

The Preclusive Effect of a Criminal Acquittal

The Right to Report Fraud vs. Malicious Prosecution

The Uncorroborated Claim and Burden of Proof

The “Without Prejudice” Rule

Procedural Dismissal in Disputed Transfers

Procedural Dismissal in Fraud Claims

Res Judicata and the Decisive Oath

Part VII: Specialized Topics and Interplay with Criminal Law


Chapters 92 – 103.


Civil Restitution After a Criminal Conviction

From Criminal Conviction to Civil Claim

Characterizing Transfers: Gift, Loan, or Investment

Good Faith in Token Sales

Lease Payments in Cryptocurrency

Leveraging Criminal Judgments in Civil Claims

Liability for Trading Account Set-Up

Restitution for Crypto-Related Theft

Restitution for Undelivered Mining Hardware

The Criminal Threshold for Fraud

Liability for Authenticated Crypto Transactions

The Criminality of Unlicensed Investment Activity

BOOK AUTHOR


Mahmoud Abuwasel is the Disputes Partner at the global firm Wasel & Wasel and is practiced in international dispute resolution. He combines sophisticated courtroom advocacy with extensive experience in high-stakes cross-border litigation and arbitration. A Harvard graduate, Mr. Abuwasel holds a Juris Doctorate and multiple Master’s degrees. He is admitted as a solicitor in Australia (Supreme Court of Victoria), is a Qualified Arbitrator in Canada (ADR Institute of Canada), and is registered with the ADGM and DIFC Courts in the UAE.

The analysis presented in this volume is drawn directly from Mr. Abuwasel’s extensive experience as counsel in numerous landmark crypto-asset disputes. His pioneering work in this sector encompasses sophisticated advisory mandates and high-value litigation concerning the intellectual property rights associated with non-fungible token (NFT) assets, the structuring of play-to-earn (P2E) NFT projects, the complexities of revenue associated with NFT mint revenues, disputes arising from the sale of non-fungible token collections in high-frequency trading, and the novel integration of real-world NFT utility through wealth management frameworks.

Mr. Abuwasel’s contentious practice is at the forefront of crypto-related enforcement and recovery actions. This experience includes claims against unlicensed virtual asset service providers, against operators and directors for misrepresentation, prosecuting claims against directors exercising fraudulent control over corporate crypto-wallets, and litigating claims against investment promoters of investment misleading whitepapers.

Furthermore, he has extensive experience in disputes against major crypto-exchange platforms. These matters involve highly technical issues, including those related to market crashes and price drops, systemic issues arising from spot and futures trading, the behavior of leveraged tokens, the functionality and fairness of liquidation engines, and platform liability for system failures and malfunctions. His work in this specific area also addresses complex claims concerning compensation limits and realized and unrealized profit, disputes over API use and market data accuracy, and the adequacy and deployment of insurance funds. This frontline involvement provides him with an unparalleled understanding of the legal strategies essential for navigating this rapidly evolving jurisprudence.

Mr. Abuwasel is experienced in managing complex arbitration cases under major institutional rules (such as the ICC, LCIA, DIAC, HKIAC, and others). Furthermore, he acts in investor-state disputes, representing investors and sovereign governments in ad hoc, ICSID and UNCITRAL investment disputes.

His robust litigation practice spans multiple global jurisdictions as lead counsel, co-counsel, or instructing counsel including the UAE’s onshore, federal, DIFC, and ADGM courts, where he is routinely instructed by multinational corporations and high-net-worth individuals.

Additionally, Mr. Abuwasel serves as an expert on UAE law before international courts, including the Supreme Court of the State of New York and the High Court of Justice of England and Wales.

MAHMOUD ABUWASEL



CONTACT

[email protected]

FOREWORD CONTRIBUTOR


His Excellency Justice Michael Black KC serves as a Judge of the Court of Appeal of the Dubai International Financial Centre (DIFC) Courts and is the Judge in Charge of the Digital Economy Court. In this pivotal capacity, he oversees one of the world’s most advanced judicial frameworks dedicated to the resolution of complex disputes arising from the digital economy, including those involving cryptocurrencies, blockchain technology, and smart contracts. His leadership has been defined by a pragmatic and forward-looking approach to digital asset jurisprudence, most notably through landmark judgments that have set global precedents by recognizing cryptocurrencies as a distinct third category of property capable of being owned, transferred, and protected under the law.

Justice Black’s authority in the technology sector is grounded in a distinguished career spanning nearly 45 years, including his tenure as a Deputy High Court Judge in the United Kingdom where he sat in the Technology and Construction Court (TCC) in London for over a decade. His extensive background as a King’s Counsel and international arbitrator has seen him adjudicate high-stakes commercial and financial disputes across the globe, from the Caribbean to the MENA region. This deep experience, combined with his instrumental role in drafting the original Rules of the DIFC Courts, uniquely positions him at the intersection of traditional common law rigour and the rapidly evolving exigencies of modern digital commerce.

In contributing the Foreword to UAE Crypto Litigation, Justice Black highlights the critical necessity of this work in bridging the “linguistic and doctrinal divides” of the UAE’s pluralistic legal system. He commends the book for its “methodical, evidence-based approach,” noting that it moves beyond theoretical commentary to excavate actual rulings and reveal the patterns in judicial reasoning that govern digital asset disputes. By endorsing the text as a seminal resource for judges, advocates, and scholars, he underscores its vital role in helping the legal community navigate the complex questions of proof, valuation, and enforceability that define this dynamic area of law.

H.E. JUSTICE MICHAEL BLACK KC



CONTACT

[email protected]

Companion Podcast

Join the official companion podcast for a weekly deep dive and expert analysis of each chapter launching on 01 March 2026. The prelude episode is currently available.

Listen on Spotify.

Chapter Quizzes

Test your comprehension of the key concepts with our self-assessment quiz for each chapter.

(Available Soon)

Speaker Inquiries

Inquire about the author’s availability for speaking engagements, conferences, and expert commentary.

[email protected]

Publisher

Wasel & Wasel DC LLC

Cover Price

USD 428.00

ISBN

979-8-9936828-0-8

Library of Congress

Control Number 2026901283