Preparation Phases For A Successful FET Based Claim

This chapter is directly aimed at arbitrators and to the Parties' counsels who have the duty to prepare memorials for their clients in an investment case. It contains the basic information that a claim should contain in order to have greater chances of being accepted and successful in front of a tribunal, and also an overview of the main characteristics of the claimants' and defendants' approach to FET. The second part of the chapter establishes a four-step methodology for the treatment of FET claims that should allow arbitrators to examine such claims in a progressive and ordered manner,...

This chapter is directly aimed at arbitrators and to the Parties' counsels who have the duty to prepare memorials for their clients in an investment case. It contains the basic information that a claim should contain in order to have greater chances of being accepted and successful in front of a tribunal, and also an overview of the main characteristics of the claimants' and defendants' approach to FET. The second part of the chapter establishes a four-step methodology for the treatment of FET claims that should allow arbitrators to examine such claims in a progressive and ordered manner, taking into account all relevant elements at a specific stage of the procedure.