The Tenth Annual Smit-Lowenfeld Prize

Tenth Annual Prize Awarded to:

Julien Chaisse and Cristen Bauer

The tenth annual Smit-Lowenfeld Prize has been awarded to Julien Chaisse and Cristen Bauer for their article entitled Cybersecurity and the Protection of Digital Assets: Assessing the Role of International Investment Law and Arbitration, which was published in the Vanderbilt Journal of Entertainment and Technology Law. Vol. 21:3:549 2019.

The article analyzes whether Bilateral Investment Treaties (BIT’s) can provide protection of foreign investors for their digital assets against cybercrime. As a first step, the article reviews whether the digital assets constitute covered assets, including whether there is an investment and whether there is a territorial link to the host state. From this, the article addresses three potential claims rooted in BIT provisions (fair and equitable treatment, full protection and security, and expropriation).

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The Smit-Lowenfeld Prize

The Smit-Lowenfeld Prize is awarded annually by the International Arbitration Club of New York to recognize the outstanding article published in the previous year on any aspect of international arbitration. The Prize honors the late Hans Smit of Columbia Law School and Andreas F. Lowenfeld of New York University School of Law, both renowned scholars in international litigation and arbitration, well known arbitrators, and dearly missed members of this Club.

The deadline for receipt of submissions for each year’s competition is April 30. Nominations can be submitted to arbitrationclub@gmail.com

The winning article will be selected by a jury composed of members of the International Arbitration Club of New York. The winner of the Smit-Lowenfeld Prize will receive an honorarium of US$2500 to be presented at a ceremony in New York. The International Arbitration Club of New York considers articles submitted directly to the competition by the authors or their peers, as well as articles chosen through the Club’s survey of articles appearing in leading international journals. The winning article is chosen from those gathered through a two-phase winnowing process, involving close scrutiny by juries of members of the International Arbitration Club of New York. The articles are judged according to the following criteria: Originality of the subject matter or ideas developed therein; Quality of the writing style and expression; Significance of the piece to the field of international arbitration, and Scholarship, or the analytical rigor of the article and its contribution to existing scholarship. No weight is given as to where the article is published, the general popularity or acceptance of the article by others, or to the author’s reputation or standing.