Analysis Of Electrabel S.A.V.Hungary

Fair and Equitable Treatment Standard(FET standard)has become the important investment treatment standards in the international investment agreement and free trade agreement,for the FET standard and other investment treatment standards,the international community generally agreed that the FET standard is an absolute standard of treatment rather than the same treatment criteria as national treatment and MFN treatment,nor should the FET standard be equivalent to the minimum treatment,and that the FET standard should be independently used as an international investment standard.With the liberalization of international investment,a large number of international investment cases involving the controversy of the FET standard,which challenges the host country's economic management sovereignty also makes the FET standard in the practice of arbitration to develop.In the practiceof arbitration,the interpretation and application of the FET standard show the characteristics and trends of the expansion,the characteristics of following the precedent.Some of the specific elements of theFET standard have in fact become an important consideration for the tribunal to determine whether the host country violates the FET standard.The late arbitration practice also reflects the fact that the tribunal,when judging whether the host country violates the FET standard,measures the interests of the host country and the investor,takes the host country's domestic situation into account,and takes the investor's behavior into account.China is now a capital investment and capital output country,should clear the FET standard positioning and measuredifferent contracting object investment relationship,then based on which designdifferent BIT in different FET terms,takedifferent ways to limit the elements of the FET standard.So as to better safeguard China's economic sovereignty and the interests of overseas investors.China's overseas investors should also learn from the practice of arbitration to safeguard their investment interests.In addition to the Introduction and Thanks,this article consists of five parts:The first part is the basic introduction of the case.That is,Electrabel S.A.v.Hungary(ICSID Case No.ARB / 07/19,award of November 2015).This part involving the main party and the relationship between the times of the case occurred;the applicant's appeal was introduced for the focus of the following analysis and summary of the arbitration points.The second part mainly introduced the views of the parties and ICSID.Electrabel and Hungary embarked on a heated debate over whether Hungary violated the FET standard provided in the International Energy Charter Treaty.This part laid the groundwork for interpreting and applying the FET standards by following the relevant theoretical knowledge analysis by observing both the debate process and the opinion of the tribunal.The third part is the related theoretical research of the controversy in this case.This part describes the origin and development of the FET standard and its applicable bench-marking.The fourth part is the assessment of the case.This part is based on the case;the relevant theoretical knowledgeand the common considerations of the FET standard in practice,to find thetribunal specifically how to determine whether the host country violates some of the elements of the FET standard or not.The fifth part is about the case enlightenment.Through the analysis of tribunal's interpretation and application of the FET standard of the case,based on the characteristics and trends reflected in practice,this part comes to China and China's overseas investor's enlightenment.