CETA's Definition of the Fair and Equitable Treatment Standard
CETA's Definition of the Fair and Equitable Treatment Standard

Author: Flavien Jadeau

Publisher:

Published: 2017

Total Pages: 16

ISBN-13:

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The final text of the Comprehensive Economic and Trade Agreement (CETA) between Canada and the European Union was released on February 29, 2016. CETA sets out a more precise Fair and Equitable Treatment (FET) standard than was seen under past EU treaty practice. A list of state actions and behaviours constituting a breach of FET will be adopted. Efforts to give a more precise definition of FET are aimed at guiding and constraining the interpretation of this standard. These efforts are not limited to the issue of the FET standard and CETA, and may have broader implications. Greater precision may well become a key element of future investment protection agreement.

Fair and Equitable Treatment
Fair and Equitable Treatment

Author: Martins Paparinskis

Publisher:

Published: 2016

Total Pages: 6

ISBN-13:

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Encyclopedia entry on fair and equitable treatment. Fair and equitable treatment is a legal term of art well known in the field of foreign investment protection. It is a rule of considerable practical importance in dispute settlement on the basis of investment treaties. Judging from publicly available awards, this is the obligation that investment treaty tribunals are most likely to find to have been breached. However, despite its pedigree and importance, the textual formulation of 'fair and equitable treatment' is not an example of excessive clarity regarding the legal criteria to be applied to resolving particular disputes. International law has addressed this challenge in two ways: by identifying particular elements ('standards') of fair and equitable treatment through jurisprudence constante of decisions in international investment arbitration; and by recent treaty-making that elaborates elements that are present (and sometimes also not present) as part of fair and equitable treatment.

The Idea of Arbitration
The Idea of Arbitration

Author: Jan Paulsson

Publisher:

Published: 2013-11

Total Pages: 331

ISBN-13: 0199564167

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Providing a theoretical examination of the concept of arbitration, this book explores the place of arbitration in the legal process and examines the ethical challenges to arbitral authority and its moral hazards.

Dispute Resolution in China, Europe and World
Dispute Resolution in China, Europe and World

Author: Lei Chen

Publisher: Springer Nature

Published: 2020-04-11

Total Pages: 294

ISBN-13: 3030429741

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This book brings together articles from leading experts in the field of international dispute resolution. The main focus is on the situation in Asia, though the European perspective also plays an important part. Accordingly, the focus on the Asian dispute resolution market with a distinctly American and European “touch” is one of the book’s most unique features. The dispute resolution market is rapidly transforming, and dispute resolution law is changing with it –especially in Asia. This book highlights recent advances and outlines future trends in this area. Emphasis is especially placed on International Commercial Arbitration Law on the one hand; and on International Investment Arbitration Law on the other. Two dedicated sections address these two topics, while another is dedicated to a quite new phenomenon in the field of international dispute resolution, the emergence of International Commercial Courts not only in Asia, but also in other regions of the world (e.g. in the Netherlands). This raises a host of interesting legal questions, which the book addresses. The book’s final section investigates general trends in dispute resolution (e.g. the rising cost problem in arbitration in general).

The Independence and Impartiality of ICSID Arbitrators
The Independence and Impartiality of ICSID Arbitrators

Author: Maria Nicole Cleis

Publisher: BRILL

Published: 2017-06-06

Total Pages: 304

ISBN-13: 900434148X

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The legitimacy of investor-State arbitration is a much-debated topic, with arbitrators’ independence and impartiality being one of the core concerns. In The Independence and Impartiality of ICSID Arbitrators, Maria Nicole Cleis explores how unbiased decision-making is ensured under the ICSID Convention. Juxtaposing existing disqualification decisions in the ICSID system against corresponding requirements in related dispute settlement systems, the book convincingly argues that the current approach to disqualification requests against ICSID arbitrators is too exacting in light of the high stakes of investor-State disputes. The author’s nuanced analysis of the status quo is followed by novel suggestions for reforms (including a proposal for ICSID-specific guidelines on conflict of interest), making the book a valuable source of ideas on constructive paths forward.