In a post two months ago, we discussed how the United States Securities and Exchange Commission surprised the crypto community on May 23, 2024 when it effectively set the stage for the sale of spot Ethereum Exchange-Traded Funds (ETFs) to begin in the not-too-distant future.  That day has now arrived.

On May 23, 2024, the SEC approved the 19b-4 form for a number of ETH ETF applications (form 19b-4 is a form that is used to inform the SEC of a proposed rule change by a self-regulatory organization).   However, before trading could commence on the Ethereum ETFs, the funds needed approval of their S-1 registration statements, which includes the details of the funds, such as fees and the way the products will work. 

The SEC has now given (or will shortly give) final approval to eight ETFs: the Grayscale Ethereum Mini Trust (ETH), Franklin Ethereum ETF (EZET), VanEck Ethereum ETF (ETHV), Bitwise Ethereum ETF (ETHW), 21Shares Core Ethereum ETF (CETH), Fidelity Ethereum Fund (FETH), iShares Ethereum Trust (ETHA) and the Invesco Galaxy Ethereum ETF (QETH).  Trading will begin on three exchanges —   Cboe, Nasdaq and NYSE  — on July 23, 2024.

The market cap of Ethereum is about $420 billion, second only to Bitcoin, at about $1.3 trillion.  With Ethereum ETFs now joining Bitcoin ETFs,  investors can now access more than 70% of the liquid crypto asset market through these ETFs.  The price for Bitcoin has increased about 50% since the launch of the Bitcoin ETFs in January 2024, including hitting an all-time high.  Some traders are predicting the same for ETH, though it admittedly lacks the first-mover advantage that accompanied the Bitcoin ETFs.

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David Zaslowsky is partner in the Litigation Department of Baker McKenzie's New York office. He helps companies solve complex commercial disputes in arbitration and litigation, especially those involving cross-border issues and Section 1782 discovery. David has a degree in computer science and, as a result, has worked on numerous technology-related disputes, including, most recently, those involving blockchain and artificial intelligence. In April 2025, Attorney Intel named David one of the top 25 blockchain lawyers in the country. He is the editor of the Firm's blockchain blog and co-editor of the firm's International Litigation & Arbitration Newsletter. David has been included for a number of years in the Chambers USA Guide and Chambers Global Guide for his expertise in international arbitration. He also sits as an arbitrator and is on the roster of arbitrators for a number of arbitral institutions. David sits on the Board and chairs the governance committee of the New York International Arbitration Center, and is a founding member of the International Arbitration Club of New York. For over 35 years, he has written and spoken often on the subjects of arbitration and international litigation.