On Fair And Equitable Treatment In International Investment Law

This paper first introduced the fair and equitable treatment standard in the introduction part,specifically included the background of policy,economic and arbitration practice.Then the writer discuss the theory and the practical significance of FET standards to concluded the necessary of making research on this problem.Finally,the writer introduced the research status and the method may used in this thesis.The first part of the article is an overview of fair and equitable treatment,introducing the origin,development and current situation of this standard.At the same time,in this chapter,the author clarifies the nature and connotation of fair and equitable treatment standard(independent and not the ‘imperial clause').In the second part of the thesis,the author spent a large amount of space to clarify the content of FET standard by studying ICSID cases.There are five specific content in FET standard,including legitimate expectation,stable and predictable business environment,transparency and due process,the principle of good faith,the freedom of avoiding intimidation and harassment.At the same time,the author denies the comply with the contract obligation as a part of fair and equitable treatment.In the third part,the author selected a new case called:‘AES Summit.AES Tisza v Hungary'which gave a comprehensive analysis of FET,mainly including the introduction of case,argument points,the arbitration tribunal's analysis,and the review of the case.Then author discuss the fall of the win rate of FET,by analysis two cases,Hurchill Mining PLC and Planet Mining Pty Ltd v.Republic of Indonesia and corona materials,LLC v Dominican republic.In the forth part,the author firstly clarify the position of China in the international investment arbitration(the host country position).Then the author try to find the problem of the practice of FET in china,including the description of FET in BITs is too vague and lack of specific content,no exceptions,the abuse of FET whichviolate the sovereignty of contracting parties.Finally,the author give some entities and procedures suggestion to tackle these problems,including clarify the content of FET,set up some exceptions and obligations to the investors,improve the appeal mechanism for investment arbitration,increase the Chinese arbitrators,develop the transparency,and other procedures to settle the investment disputes.The last part of the thesis is a summary of the author's views and the content of the text.It clarifies the five specific contents of the fair and equitable treatment standard and the measures that can help us to tackle the specific problems mentioned above.At the same time,the author put an emphasizes on training the Chinese international economic law scholars and the importance of the study of international economic law.