WAW’s panel on Investment Treaty Arbitration in the Digital Era: Using BITs to protect cryptocurrency investments will address today’s economy becoming a digital economy and how it could impact BITs initially designed for physical investments. This panel will focus on the following issues: Could BITs apply to these new digital assets? Could cryptocurrencies be qualified as “covered investments” under BITs? Are they only digital currencies or investments? Is the ISDS system capable of tackling dispute for digital assets? And if so, how will crypto investments impact damages valuation? If a dispute ensues between the creator of the cryptocurrency and those who have purchased the assets, would it be limited to a private dispute? But what if the State has adopted a cryptocurrency as its official or alternative currency? What is the new political risk of such economy and what could be the responsibility of the State if foreign investors decide to use cryptocurrency for investment purposes?
