Authored by

Kelvin Poon, SC and Matthew Koh

Fair and Equitable Treatment in Investment Treaty Arbitration

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Rajah & Tann Singapore has contributed the “Fair and Equitable Treatment” chapter to the eight edition of The Investment Treaty Arbitration Review (“Review“). The Review provides an up-to-date panorama of investment treaty arbitration, covering new awards, decisions, and other developments in the field.

Authored by our leading partners Kelvin Poon SC (Deputy Managing Partner; Head, International Arbitration) and Matthew Koh (Partner, International Arbitration), senior associates David Isidore Tan and Dennis Saw, and associates Jodi Siah and Timothy James Chong, the “Fair and Equitable Treatment” chapter discusses the fair and equitable treatment (“FET“) standard, which remains one of the key protections relied on by investors in investment disputes.

The updated chapter reviews recent awards that have discussed and applied the FET standard, including a decision involving Russia’s actions that led to the bankruptcy of Yukos Oil Company OJSC. This chapter also examines a case in which the alleged FET protection was contained in the preamble of the relevant BIT (wherein the tribunal found there was no FET obligation).

Matthew Koh
Partner, Singapore | +65 6232 0917 |

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