Cryptocurrencies as Protected Invesments Under BITs : Is there a BIT of coin Protection?

• Main Author: Aljasim, Hesham
• Format: Others
• Language: English
• Published: Uppsala universitet, Juridiska institutionen 2021
• Subjects: Cryptocurrencies; Bilateral Investment Treaties; Foreign investments; Protected Investment; Law (excluding Law and Society); Juridik (exklusive juridik och samhälle)
• Online Access: http://urn.kb.se/resolve?urn=urn:nbn:se:uu:diva-443426

This research paper addresses the issue whether cryptocurrencies are protected investments under  bilateral investment treaties (BITs). Through BITs a host state has a responsibility to protect the investments of the nationals of the other contracting state to the treaty. This governing relationship however may introduce several requirements for an investment to comply with, such as territorial links, the use of language under BITs compliance requirements. With this, cryptocurrencies being a new of age asset class may find several future hurdles in qualifying as an investment under BITs. Especially with the on-going confusion on an international scale in regulating and defining cryptocurrencies.  In determining the afore-mentioned requirements, this research paper first identified a cryptocurrency and a comparison was first made in regards to money. Then, the research paper proceeded in comparing a cryptocurrency with the characteristics of digital assets. Followed by a general approach to the meaning of investment and an analysis to the definition of investment through past approaches taken by arbitral tribunals. Therefore, finally leading in deciding whether cryptocurrencies will qualify as an investment under BITs.