Excited to announce our lineup for @DeFianceCapital's Pitch Day!
Join us in hearing the best in the industry pitch, & a short roundtable afterwards!
This is an invite-only gathering, but we have limited spots available - DM if interested.
Arthur (@arthur0x) from @DeFianceCapital joins TOKEN2049 to share insights from the frontlines of DeFi investing - navigating market cycles, spotting trends, and backing builders shaping the future of Web3.
Be there, in Singapore, in 28 days.
Very excited to welcome @0xkyle__ to DeFiance Capital.
Kyle is one of the most talented crypto analysts and investors I've come across recently, especially so at his age.
Looking forward to build DeFiance to greater height with him.
1/ A decision relating to @DeFianceCapital's lawsuit against 3AC in Singapore has just been made public and contains some interesting points around the treatment of cryptoassets and trust relationships.
For context, I have been working with @arthur0x on this for the past year.
Looking for a portfolio management & investment associate to join us in building one of the best crypto investment funds in the space.
Apply here: https://t.co/LxXvbAekIb
Statement and Update on Dispute with Three Arrows Capital Limited (3AC)
We are very pleased to share a positive development on our end with the public.
It is well-known that for the past year, we have been locked in a dispute with the 3AC estate who are claiming that the assets of DeFiance Capital belong to the 3AC estate and should be used to pay off creditors of 3AC. Our position was that DeFiance Capital had exclusive, unfettered control and beneficial ownership over its assets, consistent with the wider industry understanding and all evidence supporting this position.
Although 3AC and DeFiance Capital were managed out of Singapore, the liquidators have insisted that the dispute be resolved in the British Virgin Islands (“BVI”). Our position was that all the important witnesses and documents are in Singapore and the dispute ought to be heard by the Singapore Courts to ensure all relevant evidence would be available. We are delighted that following a hearing last week, the High Court of Singapore agreed with our position, accepting that Singapore is the more appropriate jurisdiction for hearing this dispute, implicitly accepting that our case was not, as the liquidators claim, "without merit".
Over the past year, we have tried our hardest to help the liquidators of 3AC understand our position in an attempt to reduce the time and costs associated with litigation. As the liquidators stated they were not able to obtain much cooperation from 3AC’s founders, we have also offered to assist the liquidators in identifying and recovering assets belonging to 3AC. One of our objectives was to avoid significant resources being used to fight on the procedural issue of where the dispute should be heard - BVI or Singapore.
We hope that the decision of the High Court in Singapore will pave the way forward so that the liquidators will engage and work with us to focus on and resolve the substantive issues instead of spending even more time on procedural skirmishes. For example, we are aware that the liquidators had incurred substantial costs in proceedings in the US in an attempt to hold Kyle Davies accountable to US court but failed in the end as he is no longer a US citizen. Had they simply checked with the fund administrator or with us or referred to corporate filings with the Singapore Company Registrar, they would have avoided an expensive, unnecessary and unsuccessful fight on the issue. In Singapore, almost a year ago, we had also offered to have the dispute resolved in the Singapore International Commercial Court (“SICC”) to avoid a costly fight on where the dispute ought to be heard but that was not taken up by the liquidators.
The significance of the Singapore decision is best explained by our lawyer, Blossom Hing who leads the team at Drew & Napier LLC.
“We welcome the decision by the Singapore Court as it will ensure that important evidence located in Singapore would be available for the purposes of resolving the dispute in a just and efficient manner. Coupled with the fact that the Singapore International Commercial Court can hear arguments on and decide on BVI law issues, we believe that having the dispute heard in Singapore will result in considerable savings of costs and time for all parties.”
We still have a long way to go in the legal process but we are committed to taking this as far as we need to in order to uphold the rights of our investors and to defend the fundamental principles that underpin our industry. I am personally grateful to my friends, advisors, the DeFiance team and my legal teams at Drew & Napier LLC and Conyers, Dill & Pearman for their hard work and support, without which we could never have achieved this result.
We understand that the 3AC estate has expended significant time and money on this dispute so far. As a creditor of 3AC ourselves, we call on the Creditors’ Committee and also encourage other creditors to weigh in on the issue with the liquidators. Although we would like to simply trust the process (as evidenced by our continued good faith attempts to work with the liquidators), we would urge the liquidators to pursue more pragmatic and efficient steps so that we can conclude the 3AC liquidation in a timely manner and to maximize recoveries.
https://t.co/TPS42C1pMg
Meet @arthur0x on stage at #TOKEN2049. 🌏
Arthur is the Founding Partner of @DeFianceCapital, a leading Web3 and crypto investment firm with significant investments in startups within the DeFi and Web3 gaming space.
Catch him this September: https://t.co/mgbtR9nOoC