Investment Arbitration and Crypto Assets: BIT Agreements, UNCITRAL, and New Forms of Protection for Digital Property

This report analyzes investment arbitration as an alternative and increasingly significant mechanism for protecting the rights of crypto asset holders and digital businesses. It examines the applicability of bilateral investment treaties (BITs), UNCITRAL arbitration rules, and the practice of investment tribunals to disputes involving cryptocurrencies, tokenized assets, and blockchain infrastructure. Particular attention is given to the transformation of classical categories such as “investment,” “expropriation,” and “fair and equitable treatment” in the digital era, as well as to the political and economic context of arbitration disputes involving states.