Investment Arbitration and Crypto-Assets: Protecting Investor Rights Amidst Regulatory Chaos and State Expropriations
Published: February 2, 2026
Author: Khrabrykh S. A.

This report analyzes the prospects and challenges of using international investment arbitration to protect the rights of digital asset owners. The research focuses on the legal status of cryptocurrencies as “protected investments” under bilateral investment treaties (BITs) and the possibility of holding states accountable for unjustified freezes, confiscations, and discriminatory regulations. The author details mechanisms of protection against indirect expropriation, the issue of violating fair and equitable treatment (FET) standards, and the role of arbitral tribunals in creating a system of checks and balances against state arbitrariness. Special emphasis is placed on case-law analysis and the need to develop specialized arbitration practices to ensure stability and capital protection in the global crypto economy.

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