The Elements of Fair and Equitable Treatment in International Investment Law

Abstract

The expropriation clause is not the only investment treaty protection that will engage the international responsibility of the host-state, if breached. Others include, national and mostfavoured-nation treatment; the obligation of full protection and security; non-discrimination; and, most notably, fair and equitable treatment. This seminar is aimed at understanding the different elements that form the latter, as identified by the international arbitral tribunals called upon to settle the disputes that arise out of bilateral investment treaties or the investment chapters of economic integration agreements. For this, the seminar will touch upon the requirements of due process, non-arbitrary treatment, non-discrimination, due diligence, legitimate expectations, stability and predictability, transparency, and good faith.