Conclusion. Key problems in the interpretation of the FET standard by current investment tribunals -- Different constructions of the FET standard in investment treaties -- Developing countries in international investment arbitration -- Current arbitral practice relating to political and socio-political circumstances in host developing countries and countries in transition : FET standard in context -- Current arbitral practice relating to economic crises in host developing countries : the FET standard in context -- Key problems in the interpretation of the FET standard by current investment tribunals -- Conclusion.
Summary:
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.
Series:
International law and the global south: perspectives from the rest of the world
This resource is supported by the Institute of Museum and Library Services under the provisions of the Library Services and Technology Act as administered by State Library of Iowa.