Legitimate Expectations - Lessons from Recent Energy Arbitration Cases on Renewable Energy Relationship of Fair and Equitable Treatment Standard to Indirect Expropriation.

5 Pages Posted: 23 Apr 2018

See all articles by Alan Franklin

Alan Franklin

Global Business Risk Management

Date Written: April 22, 2018

Abstract

This article examines the concept of legitimate expectations pursuant to the Fair and Equitable Treatment Standard contained in numerous Bilateral Investment Treaties as well as the Energy Charter Treaty, with reference to the most recent 5 cases decided by arbitration tribunals who have looked at this issue in regard to renewable energy and the Energy Charter Treaty.

It also compares the concept of legitimate expectations and the fair and equitable treatment standard in comparison to indirect expropriation cases.

Keywords: Legitimate Expectations, Fair and Equitable Treatment Standard, Energy Charter Treaty, Indirect Expropriation Bilateral Investment Treaties

JEL Classification: K2, K20, K33, K4, M1, M16, M48, F02, F2, F23

Suggested Citation

Franklin, Alan, Legitimate Expectations - Lessons from Recent Energy Arbitration Cases on Renewable Energy Relationship of Fair and Equitable Treatment Standard to Indirect Expropriation. (April 22, 2018). Available at SSRN: https://ssrn.com/abstract=3167034 or http://dx.doi.org/10.2139/ssrn.3167034

Alan Franklin (Contact Author)

Global Business Risk Management ( email )

635 Blenkin Avenue
Parksville, British Columbia V9P 2K7
Canada
416 454 6133 (Phone)

HOME PAGE: http://www.gbrm.ca

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