Relationship Between the FET and the Other Treaty Provisions

One of the conclusions of the first chapter was that the interpretation of the FET standard by the arbitrators is intrinsically linked to the wording of the applicable FET clause. This chapter analyses the relationship between FET and the other existing standards of treatment, namely full protection and security, non-discrimination, and most favoured nation clause. These standards may sometimes find themselves in the same clause and in this case they have a direct influence on the FET's meaning. Also, the chapter examines the relationship between FET and two other provisions often encountered...

One of the conclusions of the first chapter was that the interpretation of the FET standard by the arbitrators is intrinsically linked to the wording of the applicable FET clause. This chapter analyses the relationship between FET and the other existing standards of treatment, namely full protection and security, non-discrimination, and most favoured nation clause. These standards may sometimes find themselves in the same clause and in this case they have a direct influence on the FET's meaning. Also, the chapter examines the relationship between FET and two other provisions often encountered in investment agreement, namely, the pacta sunt servanda provision and the obligation of non-impairment.