Cybersecurity and the Protection of Digital Assets: Assessing the Role of International Investment Law and Arbitration

Julien Chaisse & Cristen Bauer · 21 Vand. J. Ent. & Tech. 549

Abstract

The digital era provides many opportunities, yet it also presents several unique challenges with regard to cybersecurity and the protection of digital assets. Cybercrime has changed the international legal landscape as nations, businesses, and legislators grapple with how to deal with this rapidly evolving, multifaceted problem. As there is no international mechanism for protection of foreign investors in this regard, some scholars are advocating for the use of Bilateral Investment Treaties (BITs) as part of a “polycentric” approach to cyber peace. With an uptick in digital development and more development on the horizon, it will be important to establish what protections—if any—BITs can provide for these digital assets. This Article explores this issue by (1) addressing digital assets as covered investments and (2) examining three potential investment claims.