释义 |
fair and equitable treatment (FET) It is the practice of most investment treaties to impose on the host state an obligation to treat foreign investors fairly and equitably. Case law has found that the FET standard includes ensuring the normal and nondiscriminatory conduct of business to avoid disrupting the foreign investor’s activities without good reason (Continental Casualty Company v Argentina, ICSID Case No ARB/03/9 (2008)). The clause can be used as a kind of catch-all provision, to be invoked in the absence of a breach of a more specific standard (PSEG Global v Turkey ICSID Case No ARB/02/5 (2007)). |