Research On The Fair And Equitable Treatment In Chinese Bilateral Investment Agreement

Disputes are increasing while the flourish of international investment.Due to its in expression and divergence in application,the Fair and Equitable Treatment is often used by private investors as a basis for suing host countries,which attracts the academic attention.Based on the development,connotation and applicable restrictions of fair and equitable treatment,this paper statistically integrates and analyzes 148 bilateral investment treaties in China.In addition,this paper also focuses on the Fair and Equitable Treatment in the bilateral investment treaties of other counties,like the U.S.and the EU,and investment arbitration cases of ICSID.For the inconsistent expression,ambiguous scope and undefined nature of fair and equitable treatment in our bilateral investment treaties,we can standardize treaty terms,set up some exceptions and obligations to the investors,and rebuild the principle of the fair and equitable treatment with the form of "principle+rule".