Study On The Fair And Equitable Treatment Of Central Asian Countries In International Investment Arbitration

As an important part of the investment of China's overseas investors,the Central Asian countries are an important sector of the “ Belt and Road ” propose.In the arbitration practice of Central Asian countries in these years,fair and equitable treatment standards have been frequently invoked to protect the interests of investors.Since the early days of independence,the Central Asian countries have signed bilateral investment protection agreements with our country,which contain provisions on fair and equitable treatment,but some of them have very simple provisions on fair and equitable treatment,and there are many shortcomings.Therefore,it is very important to analyze the development of fair and equitable treatment standards in the practice of international investment in Central Asian countries,to sum up experience,to make timely restrictions on fair and equitable treatment,and to improve the relevant provisions of investment treaties between China and Central Asian countries.By studying the ICSID arbitration cases in Central Asian countries,this paper probes into the ruling path of the arbitral tribunal,combined with the shortcomings of the investment protection agreements signed between China and the Central Asian countries,and then provides reference for China to sign and update the relevant investment treaties with the Central Asian countries.At the same time,by analyzing the legal risks presented in the investment arbitration of Central Asian countries,we provide lessons for investors who invest in Central Asia in China.In addition to the preface and conclusion,this article has a total of four parts.The first part is an overview of fair and equitable treatment.Through the introduction of the promotion of early fair and equitable treatment in bilateral and multilateral fields,this paper expounds its connotation and concrete contents,and finally focuses on the changes of fair and equitable treatment in the contemporary Trans-Pacific Partnership agreement and the Transatlantic Partnership agreement.The second part is the introduction of fair and equitable treatment in ICSID arbitration in Central Asian countries.In the case of Caratube International Oil Company LLP v.Kazakhstan,Metal-Tech Ltd.v.Uzbekistan,Garanti Koza v.Turkmenistan,by selecting a more comprehensive analysis of fair and equitable treatment,I?kale in?aat Limited ?irketi v.Turkmenistan,Alpha Project holding v.Ukraine,GEA Group v.Ukraine case analysis,It mainly includes: reasonable expectations of investors;transparent and due process;prohibition of arbitrary anddiscriminatory measures;principle of good faith.The third part is the application and development of the standard of fair and just treatment in ICSID arbitration in central Asian countries.Based on the practice of ICSID investment arbitration cases in central Asian countries in the second part,this paper confirms the practice and progress of this standard in central Asian countries' arbitration.It is mainly the development of the standard of fair and just treatment in the practice of ICSID arbitration in central Asian countries.The fourth part is the suggestion to apply the fair and just treatment clause to our country.This part first analyzes the status of fair and just provisions in bilateral treaties and multilateral treaties between China and Central Asian countries,points out the shortcomings in the provisions,and finally puts forward some suggestions from two angles of our government and Chinese investors in Central Asia.