Fair and Equitable Treatment (FET): Interactions with other Standards
Article from: TDM 5 (2007), in Energy Charter Treaty
Introduction
The Energy Charter Treaty (ECT), like most bilateral investment treaties (BITs), guarantees fair and equitable treatment (FET). In Article 10 of the ECT the standard of FET is embedded in a complex provision that also refers to constant protection and security, to a prohibition of unreasonable or discriminatory measures to treatment required by international law and to the observance of obligations entered into (an umbrella clause).[1] Practice on the FET provision in Article 10 of the ECT is scant.[2] But there is an interesting remark in the Award in Petrobart v. The ...