Research On Legal Issues Of Fair And Equitable Treatment In International Investment Arbitration

As the process of international investment continues to accelerate,the scope of international investment is gradually expanding and the legal value of international investment agreements is increasing day by day.The content of the agreement covers investment treatment,expropriation and compensation,dispute resolution and other aspects.Among them,investment treatment determines the distribution of rights and obligations between the host country and foreign investors,and has become one of the most core parts of international investment agreements,and plays a vital role in international investment protection and investment dispute settlement.In the long-term practice of international investment arbitration,the investment treatment granted by the host country to foreign investors has a certain theoretical and practical basis.The number of disputes over fair and equitable treatment of people has increased.Through inductive analysis of these cases,it can be found that although fair and equitable treatment has a certain theoretical and practical basis,there are still many problems in international investment arbitration cases,the most obvious of which are qualitative problems,interpretation Questions and Applicable Questions.Disagreements between the International Investment Arbitration Tribunal in determining whether the host country’s conduct violates fair and equitable treatment will not only lead to inconsistent arbitral tribunals in similar circumstances,but also increase investors’ uncertainty in investment pre-judgment to a certain extent.To a considerable extent,it has a negative impact on the investment enthusiasm of other foreign investors.After sorting out and analyzing these focal issues,it can be found that in order to solve the issue of fair and equitable treatment in international investment arbitration,it is necessary to start from three aspects: clarifying the connotation and quality,clarifying the elements of obligations and improving the measures of arbitration procedures.First,clarify the connotation and characterization of fair and equitable treatment in international investment arbitration.It is necessary not only to clarify the scope of the terms “fair” and “just” as legal terms,but also to clarify the principle status of fair and equitable treatment.The difference between the minimum treatment standards;secondly,to clarify the reasonable expectations of investors in the elements of fair and equitable treatment obligations in international investment arbitration,especially to accurately define the scope of “reasonable expectations”;finally,to improve the procedural measures of international investment arbitration,it is necessary to establish effective measures.the review mechanism,improving transparency and public participation,and increasing consultation and mediation procedures.