The Fair And Equitable Treatment Fet Standard In International Investment Arbitration

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The Fair and Equitable Treatment (FET) Standard in International Investment Arbitration

Rumana Islam
The Fair and Equitable Treatment FET Standard in International Investment Arbitration Book PDF

Author : Rumana Islam
Publisher : Springer
Page : 202 pages
File Size : 51,6 Mb
Release : 2018-09-18
Category : Law
ISBN : 9789811321252

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The Fair and Equitable Treatment (FET) Standard in International Investment Arbitration by Rumana Islam Pdf

This book presents comprehensive information on a range of issues in connection with the Fair and Equitable Treatment (FET) standard, with a particular focus on arbitral awards against host developing countries, thereby contributing to the available literature in this area of international investment law. It examines in detail the interpretation of the FET standard of key arbitral awards affecting host developing countries, demonstrating the full range of interpretation approaches adopted by the current investment tribunals. At the same time, the book offers valuable practical guidance for counsels/scholars representing host developing countries in investment arbitration, where balancing the competing interests of the foreign investors and the host developing countries in investment disputes poses a complex challenge. The book puts forward the pressing need for a re-conceptualized interpretation of the FET standard in tune with the developmental issues and challenges faced by host developing countries, recognizing these countries’ particular perspectives as an important and relevant aspect of investment disputes (often ignored by the current investment tribunals), while continuing to ensure reasonable protections for foreign investors and therefore serving the needs of the system as whole. The findings presented here will greatly benefit host developing countries engaged in investment arbitration. In addition, the book offers an insightful guide for all researchers whose work involves investment law and investment arbitration issues.

The Fair and Equitable Treatment Standard in the International Law of Foreign Investment

Ioana Tudor
The Fair and Equitable Treatment Standard in the International Law of Foreign Investment Book PDF

Author : Ioana Tudor
Publisher : Oxford University Press on Demand
Page : 348 pages
File Size : 40,5 Mb
Release : 2008
Category : Law
ISBN : 9780199235063

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The Fair and Equitable Treatment Standard in the International Law of Foreign Investment by Ioana Tudor Pdf

This text analyses the conventional and customary framework of the fair and equitable treatment clauses commonly found in bilateral investment treaties (BITs) and charts how these clauses have become norms of customary international law.

Fair and Equitable Treatment

Patrick Dumberry
Fair and Equitable Treatment Book PDF

Author : Patrick Dumberry
Publisher : BRILL
Page : 88 pages
File Size : 52,8 Mb
Release : 2018-07-17
Category : Law
ISBN : 9789004366121

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Fair and Equitable Treatment by Patrick Dumberry Pdf

This book examines the interaction between the concept of the ‘minimum standard of treatment’ under custom and the fair and equitable treatment (FET) standard found in the vast majority of BITs. It also analyses whether the FET standard should be considered as a rule of customary international law.

Fair and Equitable Treatment and the Rule of Law

Velimir Živković
Fair and Equitable Treatment and the Rule of Law Book PDF

Author : Velimir Živković
Publisher : Edward Elgar Publishing
Page : 311 pages
File Size : 52,9 Mb
Release : 2023-07-01
Category : Law
ISBN : 9781789904369

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Fair and Equitable Treatment and the Rule of Law by Velimir Živković Pdf

By comprehensively investigating the Fair and Equitable Treatment Standard (FET), this discerning book presents how this standard in investment treaty disputes can be both legally justified and realistically beneficial. It reflects on how FET jurisprudence can be advantageous to both the rule of law and to the legitimacy of the international investment regime.

'Fair and Equitable Treatment' in International Investment Law

Roland Kläger
Fair and Equitable Treatment in International Investment Law Book PDF

Author : Roland Kläger
Publisher : Cambridge University Press
Page : 411 pages
File Size : 55,7 Mb
Release : 2011-06-23
Category : Law
ISBN : 9780521197717

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'Fair and Equitable Treatment' in International Investment Law by Roland Kläger Pdf

This book looks at fair and equitable treatment as a key standard of international investment law.

Fair and Equitable Treatment

United Nations Conference on Trade and Development
Fair and Equitable Treatment Book PDF

Author : United Nations Conference on Trade and Development
Publisher : Unknown
Page : 0 pages
File Size : 49,8 Mb
Release : 2012
Category : Discrimination
ISBN : 9211128277

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Fair and Equitable Treatment by United Nations Conference on Trade and Development Pdf

"In recent years, the concept of fair and equitable treatment has assumed prominence in investment relations between States. While the earliest proposals that made reference to this standard of treatment for investment are contained in various multilateral efforts in the period immediately following World War II, the bulk of the State practice incorporating the standard is to be found in bilateral investment treaties which have become a central feature in international investment relations. In essence, the fair and equitable standard provides a yardstick by which relations between foreign direct investors and Governments of capital-importing countries may be assessed. It also acts as a signal from capital-importing countries, for it indicates, at the very least, a State's willingness to accommodate foreign capital on terms that take into account the interests of the investor in fairness and equity."--Provided by publisher.

The Fair and Equitable Treatment Standard in the International Law of Foreign Investment

Ioana Tudor
The Fair and Equitable Treatment Standard in the International Law of Foreign Investment Book PDF

Author : Ioana Tudor
Publisher : OUP Oxford
Page : 352 pages
File Size : 46,7 Mb
Release : 2008-03-13
Category : Law
ISBN : 9780191553004

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The Fair and Equitable Treatment Standard in the International Law of Foreign Investment by Ioana Tudor Pdf

The treatment of foreign investors and of their investments on the territory of a host State is often subject to a bilateral investment treaty (BIT) signed by the national State of the investors and the host State. These BITs usually contain a clause in which the two States offer fair and equitable treatment (FET) to the foreign investors on their territory. Moreover, this clause has become a norm of customary law, implying that investors may rely on it even outside the context of the BIT. Foreign investors whose rights under this clause have not been respected may bring the State in front of an international tribunal. This book analyses not only the conventional and customary framework se the FET clause but also its scope and all its applications in the existing case law. This book tackles the standard of fair and equitable treatment by applying four conceptual frames: the legal basis of FET, its nature as a standard, its content and finally the implications of its breach. The first two chapters explore the two classical sources of international law as possible sources for FET. The main sources of FET lie in a rich conventional framework, mainly bilateral and regional. Yet the high number of BITs does not appear to offer a uniform model of FET clauses, quite the opposite; the book offers a classification of the FET clauses found in more than 400 BITs. Having concluded that the conventional framework is essential to FET, the book turns to the examination of the possible customary character of FET and argues that the view equating FET with the International Minimum Standard is erroneous and it limits the scope of FET. Alternatively, it suggests that the FET standard is an independent standard of customary nature. Then the book looks at the nature of FET, that of being a standard and retains three direct consequences for its meaning: its flexibility, the absence of a fixed content and its evolutionary character. With these three characteristics in mind, it proceeds to the third conceptual framework, the content of FET. Although no fixed content may be given to it, it identifies and develops each one of those situations in which the FET standard has already been applied. Finally, the last conceptual framework aims at discussing the final act of a FET claim, i.e. the amount of compensation awarded. It argues that FETis a standard which balances the interests and behaviours of both the States and the investors, at the stage of compensation.

The Right of States to Regulate in International Investment Law

Yulia Levashova
The Right of States to Regulate in International Investment Law Book PDF

Author : Yulia Levashova
Publisher : Kluwer Law International B.V.
Page : 278 pages
File Size : 42,7 Mb
Release : 2019-07-18
Category : Law
ISBN : 9789403510156

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The Right of States to Regulate in International Investment Law by Yulia Levashova Pdf

Due to the ongoing recent expansion of public interest issues worldwide, the state’s right to regulate has been recaptured as a prominent concept in international investment law. The fair and equitable treatment (FET) standard provision in the text of an international investment agreement (IIA) has become a detailed clause clarifying the specific obligations of a state towards an investor under the FET standard. However, striking the right balance between the interests of host states and investors in these new treaty formulations has proved to be challenging. This book greatly clarifies the field by offering the in-depth analysis of the application of the state’s right to regulate in relation to FET standard provisions in IIAs and to decisions by arbitral tribunals in FET cases. Recognising that the role of tribunals is to balance the state’s public interests and the interests of the investor when interpreting and applying the FET standard, the author pursues such seminal issues and topics as the following: the legitimacy of the objective of the state’s measure; obligations and responsibilities of investors towards a host state; the nature and impact of a change to a national regulatory framework; special economic and sociopolitical circumstances in a host state; and due diligence and risk assessment as a condition for the protection of an investor’s legitimate expectations. Multiple IIAs concluded by the OECD Member States, as well by Russia and China between the developing countries, and the prominent investment law cases on the FET standard are examined in detail. The analysis pays particular attention to how investment jurisprudence in FET cases has been reflected in such new IIAs as the Comprehensive Economic and Trade Agreement between the European Union (EU) and Canada (CETA), the EU-Vietnam FTA and the EU-Singapore FTA. These case studies demonstrate the evolution of the IIAs’ FET standard provisions and how they balance the application of the FET standard and the state’s right to regulate. Suggestions are provided for drafting formulations of the FET standard that can contribute to achieving such a balance. In the clear light it sheds on the legal conditions under which states may regulate in the public interest and its contribution to the reforms that are currently taking place in the field of international investment law, this book constitutes an exemplary framework to evaluate investment decisions on the FET standard and the right to regulate. It is sure to prove extremely useful for practitioners who work on investment cases, policymakers involved in negotiating and drafting of IIAs, policy advisors of governmental and non-governmental organisations and academics in international investment law.

Fair and Equitable Treatment and the Fabric of General Principles

Fulvio Maria Palombino
Fair and Equitable Treatment and the Fabric of General Principles Book PDF

Author : Fulvio Maria Palombino
Publisher : Springer
Page : 189 pages
File Size : 55,9 Mb
Release : 2017-11-27
Category : Law
ISBN : 9789462652101

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Fair and Equitable Treatment and the Fabric of General Principles by Fulvio Maria Palombino Pdf

This book moves from the circumstance whereby currently the obligation to provide fair and equitable treatment (FET) to foreign investments is included in the majority of international investment agreements and has proved to be the most invoked standard in investor-State arbitration. Hence, it is no overstatement to describe this standard as the basic norm of international investment law. Yet both its meaning and normative basis continue to be shrouded in ambiguity and, as a consequence, to inspire a considerable number of interpretations by legal writers. The book’s precise aim is to unravel such ambiguity, arguing from the idea that FET has become part of the fabric of general international law, but has done so by means of a source somewhat neglected in legal doctrine. This being the category of general principles peculiar to a certain field of international law, i.e. those principles having their own foundations in the international legal order itself, but which, through the mediation of the judge, end up being shaped according to the features typical of a specific normative field. The book, as well as having a solid theoretical backdrop as its basis, offers a careful and critical analysis of pertinent case law, and will prove useful to both scholars and practitioners. Fulvio Maria Palombino is Professor of International Law at the Law Department of the University of Naples Federico II and a member of the Executive Board of the European Society of International Law.

The Fair and Equitable Treatment Standard

Patrick Dumberry
The Fair and Equitable Treatment Standard Book PDF

Author : Patrick Dumberry
Publisher : Wolters Kluwer Law & Business
Page : 0 pages
File Size : 44,8 Mb
Release : 2013
Category : Arbitration
ISBN : 9041132880

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The Fair and Equitable Treatment Standard by Patrick Dumberry Pdf

Since the entry into force of the North American Free Trade Agreement (NAFTA) in 1994, several arbitral tribunals have rendered awards dealing with claims of breach of Article 1105. Some of these awards have been very controversial and have had a tremendous impact on the development of the concept of fair and equitable treatment (FET) and the evolution of international investment law. Yet, in spite of the fundamental importance of these awards, no comprehensive study had been undertaken to determine the meaning and the content of the FET standard under NAFTA Article 1105. This bookand’s systematic analysis of the provision and its case law fills this analytical gap. Because Article 1105 is in many ways different from typical FET clauses contained within most investment treaties, the author examines the particular parameters under which it must be interpreted. He also analyzes how these specific features have influenced NAFTA tribunalsand’ interpretation of the provision, and how their assessments differ from awards rendered by other tribunals outside NAFTA. Among the issues treated in the course of the analysis are the following: the origin, development, nature and content of the concept of the and‘minimum standard of treatmentand’ and its interaction with the FET standard; the specific parameters under which Article 1105 must be interpreted, including contextual elements such as subsequent agreement and practice between the NAFTA Parties on matters of interpretation; the context in which the Free Trade Commission issued its Note of Interpretation in 2001 and how NAFTA tribunals have applied it; whether or not the concepts of legitimate expectations, transparency, arbitrary conduct, discriminatory conduct, good faith, denial of justice, and due process have been considered by NAFTA tribunals as specific elements of protection to be accorded to investors under Article 1105; the many facets of these elements and the threshold of severity that NAFTA tribunals have required for finding a breach of Article 1105; the interaction between Article 1105 and other NAFTA provisions on national treatment, Most-Favored-Nation treatment, and expropriation; and how NAFTA tribunals have assessed damages for breach of Article 1105. This comprehensive guide to NAFTA case law on Article 1105 is an important contribution to the on-going controversial debate about the scope and content of the FET standard under international law. It will be of great interest to counsel for investors and States as well as to arbitrators, academics and anyone interested in investor-State arbitration.

International Investment Law and Arbitration

Borzu Sabahi,Ian A. Laird,Giovanna E. Gismondi
International Investment Law and Arbitration Book PDF

Author : Borzu Sabahi,Ian A. Laird,Giovanna E. Gismondi
Publisher : BRILL
Page : 70 pages
File Size : 54,8 Mb
Release : 2018-07-17
Category : Law
ISBN : 9789004363038

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International Investment Law and Arbitration by Borzu Sabahi,Ian A. Laird,Giovanna E. Gismondi Pdf

International Investment Law and Arbitration: History, Modern Practice, and Future Prospects explores international law on foreign investment: its creation, functioning and evolution.

'Fair and Equitable Treatment' in International Investment Law

Roland Kläger
Fair and Equitable Treatment in International Investment Law Book PDF

Author : Roland Kläger
Publisher : Cambridge University Press
Page : 411 pages
File Size : 43,7 Mb
Release : 2011-06-23
Category : Law
ISBN : 9781107375864

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'Fair and Equitable Treatment' in International Investment Law by Roland Kläger Pdf

A breach of fair and equitable treatment is alleged in almost every investor-state dispute. It has therefore become a controversial norm, which touches many questions at the heart of general international law. In this book, Roland Kläger sheds light on these controversies by exploring the deeper doctrinal foundations of fair and equitable treatment and reviewing its contentious relationship with the international minimum standard. The norm is also discussed in light of the fragmentation of international law, theories of international justice and rational balancing, and the idea of constitutionalism in international law. In this vein, a shift in the way of addressing fair and equitable treatment is proposed by focusing on the process of justificatory reasoning.

Investment Treaty Arbitration and International Law - Volume 7

Ian A. Laird, Borzu Sabahi,Frédéric G. Sourgens,Todd J. Weiler
Investment Treaty Arbitration and International Law Volume 7 Book PDF

Author : Ian A. Laird, Borzu Sabahi,Frédéric G. Sourgens,Todd J. Weiler
Publisher : Juris Publishing, Inc.
Page : 428 pages
File Size : 52,8 Mb
Release : 2014-05-01
Category : Conflict of laws
ISBN : 9781937518417

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Investment Treaty Arbitration and International Law - Volume 7 by Ian A. Laird, Borzu Sabahi,Frédéric G. Sourgens,Todd J. Weiler Pdf

Is it Time for a Regime Change? Protecting International Energy Investments against Political Risk. The 2013 seventh annual Juris investment arbitration conference put in issue the special role of international energy projects in the development of investor-state arbitration. It is currently one of the most active sectors of investor-state arbitration. The “facts” of the energy sector therefore are particularly well-developed in international jurisprudence. The similarities in the applicable law of investment protection between the energy sector and other sectors tend to hide from view what our panelists repeatedly uncovered: it is the facts of energy disputes that significantly set them apart. The concerns of sovereign dominion over national energy production and the protection of foreign investors in the energy sector against stranding large investments served as a key point of departure for discussions. The four questions that the Conference addressed include: The Energy Sector, Investment Arbitration and the ECT: Carving out a Special Regime? Energy Contracts and BITS – Is it Fair and Equitable to be Under the Umbrella? Mulitparty Investor Disputes in the Energy Sector – Preclusion, Consolidation or Free-For-All? Measure by Measure? Calculating Damages in Energy Disputes The discussion and debate that followed is provided in this book and sure to be of tremendous value to the international business lawyer, litigation specialist or trade and investment law policy expert.

The Interpretation of International Investment Law

Todd Weiler
The Interpretation of International Investment Law Book PDF

Author : Todd Weiler
Publisher : Martinus Nijhoff Publishers
Page : 572 pages
File Size : 52,7 Mb
Release : 2013-05-02
Category : Business & Economics
ISBN : 9789004232235

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The Interpretation of International Investment Law by Todd Weiler Pdf

In The Interpretation of International Investment Law: Equality, Discrimination and Minimum Standards of Treatment in Historical Context, author Todd Weiler demonstrates how historical analysis should be adopted in the interpretation of international investment law obligations. Weiler subjects some of the most commonly held beliefs about the nature and development of international investment law to a critical re-appraisal, based upon meticulously assembled historical record. In the process, the book provides readers with a fresh perspective on some of the oldest obligations in international law.

Investment Treaty Law

British Institute of International and Comparative Law
Investment Treaty Law Book PDF

Author : British Institute of International and Comparative Law
Publisher : BIICL
Page : 356 pages
File Size : 52,7 Mb
Release : 2009
Category : Business & Economics
ISBN : 1905221126

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Investment Treaty Law by British Institute of International and Comparative Law Pdf

The Investment Treaty Forum of the British Institute of International and Comparative Law brings together eminent practitioners, arbitrators, and academics in the dynamic area of international investment law. Members of the Forum, under the British Institute's auspices, examine and debate the legal and policy issues presented by the increasingly complex web of investment treaties and the disputes that arise under them. The Forum held two conferences in 2007. This present volume compiles the papers presented at the conferences, as well as a transcript of the round-table discussion on the subject of 'precedent' in international investment. Part I of the book is devoted to remedies, compensation, and valuation in international investment disputes. This under-theorized area of law is ripe for further exploration by lawyers and economists, and the papers in this volume present a framework for further inquiry. Part II addresses the jurisprudence emerging from investment arbitration tribunals on issues such as fair and equitable treatment, 'umbrella' clauses, and nationality of claimants. The overarching question addressed by the papers, and by the concluding roundtable, is the relationship of those decisions with general international law and whether or not there is, or should be, a doctrine of precedent in investment treaty arbitration.