Investment treaty arbitration: information and communication sector

This chapter was originally published by Lexology in In-Depth: Investment Treaty Arbitration.

The information and communication (IC) industry is at the forefront of global demand and innovation. By its nature, the IC sector underpins the functionality of our global economy and impacts our daily lives. 

The power and influence of multinational IC companies has skyrocketed over the past few decades, as individuals and businesses around the world depend on the internet to conduct business, communicate and gather data. The capacity of the IC industry to both enhance and threaten individual and national security rights is becoming increasingly apparent. While it offers new ways of connecting markets and accessing information, it also creates vulnerabilities for surveillance, data breaches and the spread of misinformation. In turn, this can attract new, stricter forms of government regulation.

As a result, IC companies have a vested interest in understanding possible avenues to challenge government measures affecting their business, which includes evaluating investment treaty protections. 

In this chapter, we:

• provide an overview of the history of IC sector investment arbitration cases, 
   
• consider how the traditional framework of investment treaty protections applies in an increasingly digital economy, and 
   
• discuss the limits of applicable protections offered by treaties in this sector. 

We also discuss the evolution of treaties in the era of digitisation and the relevance of investment treaty protections in relation to digital assets, social media and cryptocurrencies.

You can access a copy of Investment Treaty Arbitration: Information and Communication, or click the ‘DOWNLOAD PDF’ button.

This chapter has been reproduced with permission of Lexology. 

This article was co-authored by Fiona Xia.