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The development of international investment law by arbitral tribunals and the strange case of the ‘fair and equitable treatment’ standard

Federico Ortino

King's Law Journal2025https://doi.org/10.1080/09615768.2025.2493428article
ABDC B
Weight
0.41

What the paper says

Investment treaty arbitration (or investor-State dispute settlement, ISDS) has developed in the last 25 years into a powerful and controversial tool in international law that allows foreign investors to pursue claims directly against host States when the latter behave in violation of certain standards found in international investment treaties. While arbitral tribunals have over the years tempered many of the broad interpretations of investment treaty protections adopted in early arbitral decisions, there is one very notable exception: the 'fair and equitable treatment' (FET) standard has not witnessed a similar evolution. This article examines the 'strange case' of the FET standard, and attempts to explain this evolution and its implications.

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https://doi.org/https://doi.org/10.1080/09615768.2025.2493428

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@article{federico2025,
  title        = {{The development of international investment law by arbitral tribunals and the strange case of the ‘fair and equitable treatment’ standard}},
  author       = {Federico Ortino},
  journal      = {King's Law Journal},
  year         = {2025},
  doi          = {https://doi.org/https://doi.org/10.1080/09615768.2025.2493428},
}

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Evidence weight

0.41

Balanced mode · F 0.40 / M 0.15 / V 0.05 / R 0.40

F · citation impact0.25 × 0.4 = 0.10
M · momentum0.55 × 0.15 = 0.08
V · venue signal0.50 × 0.05 = 0.03
R · text relevance †0.50 × 0.4 = 0.20

† Text relevance is estimated at 0.50 on the detail page — for your query’s actual relevance score, open this paper from a search result.