Fair and Equitable Treatment: Can the state’s right to regulate through exorbitant powers undermine the legitimate expectations of investors?
The fair and equitable treatment (“FET”) standard has been widely discussed in investment arbitration. Eminent commentators have established that the FET standard contains several elements of protection, including those commonly associated with the minimum standard of treatment, the protection of legitimate expectations, non-discrimination, transparency, protection against bad faith, coercion, threats; that is, investments must always […]
