Esports regulations and the potential for investor-state arbitration

Leonid Shmatenko, Oleksandr Volkov and Rodolphe Ruffié-Farrugia

Chapter Chapter 16 in Esports Law and Practice, 2025, pp 375-405 from Edward Elgar Publishing

Abstract: In this chapter, the authors will discuss what esports is (Section B), how international disputes in esports are resolved (Section C), and the role of international law when measures similar to those mentioned above are applied to esports foreign investors (Section D). In the same vein, the authors will evaluate concluded entertainment and technology disputes in the realm of investor-State arbitration (such as Lemire v. Ukraine, EMV v. Czech Republic, CME v. Czech Republic, beIN v. Saudi Arabia, Al Jazeera v. Egypt, RFE v. Russia) and explain how provisions in bilateral investment treaties, investment contracts, and domestic investment laws were invoked by the parties. In Section E the authors will consider China’s newest regulations and evaluate whether, based on existing jurisprudence, its provisions could constitute violations of the substantive protections in international investment law for foreign investors in esports. In Section F, the authors will conclude by looking into the future of esports in the realm of ISDS, along with recommendations where necessary.

Keywords: ISDS; Esports; Investment arbitration; ADR; Investment disputes (search for similar items in EconPapers)
Date: 2025
ISBN: 9781803925998
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