Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 2 of 2
Full-Text Articles in Law
The Role Of Investor-State Tribunals In Determining The Scope And Content Of The Fair And Equitable Treatment Standard – Legitimate Expectations And Proportionality, Simon Bianchi
LL.M. Essays & Theses
In recent years, the legitimacy of the investor-State dispute settlement (“ISDS”) has been called into question and several initiatives, such as the UNCITRAL Working Group III, are currently looking at various ways to enhance such legitimacy and ensure the sustainability of ISDS. In this respect, certain scholars like Professors Sornarajah and van Harten claim that the interpretative process undertaken by investor-State tribunals has contributed to this legitimacy crisis among others because the application of vague standards, such as fair and equitable treatment (“FET”), involves applying subjective notions of what adjudicators perceive as desirable developments of investment law. By contrast, other …
The Role Of Arbitral Tribunals In Determining The Scope Of The Fair And Equitable Treatment Standard, Thomas Ferguson Whip
The Role Of Arbitral Tribunals In Determining The Scope Of The Fair And Equitable Treatment Standard, Thomas Ferguson Whip
LL.M. Essays & Theses
Whether or not investor-State dispute settlement (“ISDS”) faces a “legitimacy crisis,” there is a “growing consensus” that it requires reform. The development of the fair and equitable treatment standard (“FET standard”) by arbitral tribunals been a salient factor in fomenting this consensus and is the subject of several reform proposals. A number of scholars, including Professors Sornarajah and Gus van Harten, claim the interpretative process undertaken by tribunals in relation to the FET standard has contributed to ISDS’ legitimacy crisis because it involves applying subjective notions of what adjudicators perceive to be desirable developments of the law. On the other …