Fair and Equitable Treatment in Investor-State Disputes

Fair and Equitable Treatment in Investor-State Disputes
Rajah & Tann Singapore has contributed a chapter titled “Fair and Equitable Treatment” to the seventh edition of The Investment Treaty Arbitration Review, published as part of The Law Reviews series.

The fair and equitable treatment (“FET“) standard remains one of the key protections on which investors rely in investment disputes. Despite the differences in the wording of FET provisions across investment protection treaties, there appears to be a general consensus on the core content of the FET standard, which includes protection of legitimate expectations, protection against arbitrary or discriminatory treatment, and protection against denial of justice. The chapter briefly reviews recent awards that applied the FET standard and discusses some of these components of the FET standard.

The chapter was authored by our leading partners Kelvin Poon (Deputy Managing Partner and Head, International Arbitration), Andre Yeap SC (Senior Partner), and Matthew Koh (Partner), together with senior associates David Isidore Tan, Daniel Ho and Dennis Saw, associate Jodi Siah, and practice trainee Timothy James Chong of Rajah & Tann Singapore’s International Arbitration Practice.

To read the chapter in full, please click here.