Abstract

(minor revisions 16/08/2018, grammar revisions 01/10/2018) EuroGas & Belmont Resources v Slovakia is one of many cases, in which the FET violation formed a vital part of the claims, with which the states are frequently inundated. In case of Slovakia, it is one of the latest cases, arbitrated in the ICSID and as such serves as a point of departure for this article. The article is composed of three sections, starting with introduction, focused on depiction of the place and space the FET currently occupies in international investment law. The second section begins with a brief overview of negative conclusions on the FET and its status of the CIL rule. The following insight into the development of the FET contains a few inferences with regard to its origins, finding its cradle in the USA. Finally, in its last part, this section examines an ongoing precision of the FET content in two variances, while preferring a non-exhaustive way, applied in the US Model BIT 2012 to another FET version, enacted in Article 8.10 of the CETA. Finally, the article attempts to predict the future optimal wording of the FET in international treaties, drafted to the best of the host states and investors' advantage.

Presented at the Center for International Legal Studies (CILS) "International Arbitration Symposium" which was held in Salzburg, Austria, 7 - 10 June 2018. Chairpersons: Laurent Hirsch and Silvia Marchili. More information www.cils.org