January 14, 2021
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).