Publications 03 May. 2022

Simon Batifort and Belén Ibañez Publish “Unearthing FET: What Did States Intend, and Does It Matter?” on Kluwer Arbitration Blog

Partner Simon Batifort and associate Belén Ibañez, who serve as co-chair and secretary of the ASIL Dispute Resolution Interest Group (DRIG) respectively, recently co-authored an article on Kluwer Arbitration Blog, “Unearthing FET: What Did States Intend, and Does It Matter?” which summarizes the key ideas presented by Jaroslav Kudrna, Ana Maria Ordonez Puentes, Martins Paparinskis and Jennifer Thornton during a webinar hosted by ASIL DRIG in December 2021.

The article discusses the meaning of the Fair and Equitable Treatment (FET) standard, exploring states’ approaches to negotiation on the scope of FET, the role of joint interpretations, non-disputing party submissions and amendments calibrating the scope of FET, as well as new-generation FET clauses and the potential impacts of current efforts to reform ISDS.

To read the full article on Kluwer Arbitration Blog, please click here.