fair and equitable treatmentin investment agre.PPTVIP

* * * * * Fair and Equitable Treatmentin Investment Agreements Karen Mills with Windri Marieta KarimSyah Law Firm 1st Annual Forum of Developing Country Investment Negotiators October 1-2, 2007 Singapore * Fair Equitable Treatment What does it mean? Expressed differently in various treaties. Why? Parties’ negotiations based on experiences, intentions. “Standard” language No coordination; each negotiator reinvents the wheel Is it synonymous with “Minimum Treatment under International Law”? Contradictory arbitral awards Definition of both are evolving Standard raising ala arbitration aw