Chapter

Fair and Equitable Treatment Standard: Recent Developments*

Katia Yannaca-Small

in Standards of Investment Protection

Published in print September 2008 | ISBN: 9780199547432
Published online March 2012 | e-ISBN: 9780191701467 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780199547432.003.0006
Fair and Equitable Treatment Standard: Recent Developments*

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This chapter examines the fair and equitable treatment standard in investment treaties based on its position in the international law and based on the elements identified by arbitral tribunals as forming part of this standard. It suggests that the standard of fair and equitable treatment has acquired prominence in investment arbitration as a consequence of the fact that other standards traditionally provided by international law might not in the circumstances of each case be entirely appropriate. It argues that the fair and equitable treatment principle is particularly helpful in cases of non-traditional breaches of international law.

Keywords: fair and equitable treatment; investment treaties; international law; investment arbitration; arbitral tribunals

Chapter.  9343 words. 

Subjects: Public International Law

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