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).
Zoom call awarding Julien Chaisse and Cristen Bauer the Smit-Lowenfeld Prize