CETA's Definition of the Fair and Equitable Treatment Standard: Toward a Guided and Constrained Interpretation

2016 ◽  
Author(s):  
Flavien Jadeau ◽  
Fabien Gelinas
Keyword(s):  
Treatment Standard ◽  
Fair And Equitable Treatment ◽  
Definition Of ◽  
Equitable Treatment

Changes in the Balance of Rights and Obligations: Toward Investor Responsibilization

2017 ◽  
Vol 111 ◽  
pp. 53-55 ◽  
Author(s):  
Laurence Boisson de Chazournes
Keyword(s):  
International Law ◽  
Classical Approach ◽  
African Continent ◽  
Customary International Law ◽  
Investment Protection ◽  
Treatment Standard ◽  
Emerging Trends ◽  
Fair And Equitable Treatment ◽  
Definition Of ◽  
Equitable Treatment

The classical approach to investment protection is that states have obligations and investors have rights. However, there are emerging trends in favor of a rebalancing of rights and obligations of states and investors. In the context of this recalibrated approach, more attention is given to the definition of substantive provisions, such as the fair and equitable treatment standard. There is also a move from investor protection to investor responsibilization. This emerging responsibilization trend can be observed, for example, in recent treaties negotiated on the African continent, and it is also making a foray into customary international law.

FET and Expropriation in the (Invisible) EU Model BIT

2014 ◽  
Vol 15 (3-4) ◽  
pp. 454-483 ◽  
Author(s):  
Ursula Kriebaum
Keyword(s):  
European Union ◽  
Trade Agreement ◽  
The European Union ◽  
Investment Protection ◽  
Treatment Standard ◽  
Fair And Equitable Treatment ◽  
Definition Of ◽  
Equitable Treatment ◽  
Traditional Approaches ◽  
First Time

Although it was undisputed in the institutions of the European Union (eu) that future eu investment protection treaties should provide for clauses on expropriation and fair and equitable treatment their exact content is under discussion. Before this background, this article first addresses the expropriation standard keeping in mind that the eu Commission announced that it intends to reaffirm the State’s right to regulate in future eu investment treaties. Subsequently, it provides an overview of the traditional approaches to fair and equitable treatment (fet) and focusses on the antagonism between a requirement of legal stability and the need to allow for regulatory space. Furthermore, it analyses the new definition of the fair and equitable treatment standard in the Comprehensive Economic and Trade Agreement (ceta) which for the first time aims at defining the contents of fet.

Introductory Note

2017 ◽  
Author(s):  
August Reinisch
Keyword(s):  
Ad Hoc ◽  
Treatment Standard ◽  
Fair And Equitable Treatment ◽  
Introductory Note ◽  
Equitable Treatment

In 2015, the jurisprudence of International Centre for Settlement of Investment Disputes (ICSID) tribunals and ad hoc committees largely followed established lines. However, the awards on jurisdiction in the Poštová banka and the Ping An cases evidenced very restrictive approaches to what is required in order to uphold jurisdiction over ICSID claims. On the substance of claims, the tribunals in Tidewater and in Quiborax reaffirmed the legality requirements of expropriations, a string of cases clarified the contours of the fair and equitable treatment standard, while the ad hoc committees in the Daimler and the Kılıç cases continued to diverge on the scope of most-favoured nation (MFN) clauses.

Legitimate Expectations and Fair-and-Equitable-Treatment under the Energy Charter Treaty

2022 ◽  
Author(s):  
Niclas Landmann
Keyword(s):  
Renewable Energy ◽  
Energy Sector ◽  
Comprehensive Analysis ◽  
Due Diligence ◽  
The Past ◽  
Treatment Standard ◽  
Fair And Equitable Treatment ◽  
Energy Charter Treaty ◽  
Legitimate Expectations ◽  
Equitable Treatment

A recent tide of ISDS cases in the renewable energy sector has generated a large number of arbitral awards that turn of the notion of legitimate expectations. The Fair and Equitable Treatment Standard (FET) and the notion of legitimate expectations has been highly undetermined in the past. This work contains a comprehensive analysis of the renewable energy awards and the interpretation of the notion of legitimate expectations therein. In particular, it is examined whether arbitral jurisprudence formed a cohesive body of caw-law. The author analyses which aspects with regard to commitment by the states, due diligence of the investors, and level of impact were considered a violation of the FET Standard by recent arbitral tribunals.

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