Cookies Policy

This site uses cookies. By continuing to browse the site you are agreeing to our use of cookies.

I accept this policy

Find out more here

5 Protection of the Investor’s Legitimate Expectations: Intersection of a Treaty Obligation and a General Principle of Law

Brill’s MyBook program is exclusively available on BrillOnline Books and Journals. Students and scholars affiliated with an institution that has purchased a Brill E-Book on the BrillOnline platform automatically have access to the MyBook option for the title(s) acquired by the Library. Brill MyBook is a print-on-demand paperback copy which is sold at a favorably uniform low price.

Access this chapter

+ Tax (if applicable)

Chapter Summary

This chapter submits that a general principle of law constitutes a sound legal basis of the obligation to protect the investor's legitimate expectations. For this purpose, it carries out a survey of arbitral decisions that have referred to the obligation to protect the investor's legitimate expectations and then examines domestic legal systems to see whether it is possible to find a general principle of law to this effect. Arbitral tribunals have come to consider that the protection of the investor's legitimate expectations constitute a part of the fair and equitable treatment (FET) obligation. The arbitral decisions allow to classify the circumstances under which arbitral tribunals consider that the investor's expectations are legitimate. The first arbitral decision in which the tribunal found that the investor's expectations are protected by international law is SPP v. Egypt, brought to arbitration on the basis of a domestic legislation of the host State.

Keywords: Arbitral tribunals; fair and equitable treatment (FET); general principle of law; investor's legitimate expectations



Can't access your account?
  • Tools

  • Add to Favorites
  • Printable version
  • Email this page
  • Recommend to your library

    You must fill out fields marked with: *

    Librarian details
    Your details
    Why are you recommending this title?
    Select reason:
    China and International Investment Law — Recommend this title to your library
  • Export citations
  • Key

  • Full access
  • Open Access
  • Partial/No accessInformation