The interplay between FET standard and human rights claims in investment arbitration

Mohanty, Gautam, ArDoshinav Doshi, Arnav and Totla, Prajwal (2022) The interplay between FET standard and human rights claims in investment arbitration. International Arbitration Law Review, 25 (4). pp. 303-327. ISSN 1367 8272

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Abstract

The general understanding of the fair and equitable treatment ( FET) standard in investment arbitration is that it is all-encompassing. However, a new dimension has recently emerged relating to claims raised before investment tribunals on the grounds of violation of human rights. In the above backdrop, this article investigates the relationship and alleged legal fragmentation between investment arbitration and human rights norms while viewing it from the lens of the FET standard. Part I of this article focuses on whether investment arbitration tribunals are vested with the requisite jurisdiction to hear human rights claims. In Pt II of the article, the authors will incisively analyse the case studies to cull the practice and approach of investment tribunals when dealing with human rights claims under the FET standard. Lastly, Pt III of the article will attempt to suggest how certain mechanisms in international investment agreements (International Investment Agreements) can facilitate invoking human right obligations in investment.

Item Type: Article
Keywords: Bilateral Investment Treaties | Fair and Equitable Treatment | Investor-State Arbitration | Foreign Investment | Human Rights | International Investment Disputes
Subjects: Social Sciences and humanities > Social Sciences > Law and Legal Studies
JGU School/Centre: Jindal Global Law School
Depositing User: Amees Mohammad
Date Deposited: 19 Dec 2022 16:23
Last Modified: 19 Dec 2022 16:23
URI: https://pure.jgu.edu.in/id/eprint/5231

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