Details

From 26 to 29 October 2026, the Experts’ Group (EG) on Digital Tokens met for the fourth time. The meeting, held in hybrid format, had approximately 60 registered delegates and other experts, representing 16 HCCH Members and eight Observers, in addition to members of the Permanent Bureau of the HCCH.

Pursuant to its mandate (C&D Nos 13-14 of CGAP 2026), the EG made further progress on the study of the private international law (PIL) issues raised by digital tokens.

In the EG’s first workstream on electronic transferable records (ETRs), participants worked on the development of the provisions for a binding PIL instrument aligned with UNCITRAL’s Model Law on ETRs, focusing on jurisdiction, applicable law, and international cooperation mechanisms. The EG reaffirmed its consensus that the development of a PIL instrument on ETRs is both desirable and feasible, with a binding instrument identified as the most desirable outcome. The EG agreed by consensus to recommend that CGAP establish a Working Group to develop a PIL instrument concerning ETRs.

Under the EG’s second workstream on digitally mediated environments (DMEs), the EG continued its examination of PIL issues arising from transactions and relationships in DMEs. Discussions focused on the scope, desirability, and feasibility of future work and on identifying PIL issues that could usefully be addressed to enhance legal certainty and predictability in cross-border digital transactions. The EG agreed by consensus to recommend that CGAP mandate the continuation of the work of the existing EG, to allow the EG to further refine its scope and priorities, examine the relevant PIL questions, and develop and assess possible approaches and solutions on the basis of a list of issues identified for further consideration.

The EG will present a report of its work this year, including its Final Report with respect to ETRs to the Council on General Affairs and Policy in March 2027.

More information is available on the Digital Tokens Section of the HCCH website.