Примери за използване на Fair and equitable treatment на Английски и техните преводи на Български
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Fair and equitable treatment(FET);
The EVIPA also contains a clearer definition of“fair and equitable treatment”.
(ii) The fair and equitable treatment of investments.
For the first time ever, the CETA agreement provides for a precise definition of“Fair and Equitable treatment”.
This follows from the idea that fair and equitable treatment inherently precludes arbitraryand capricious actions against investors.”.
Thought the data is limited,the relevance between a claim of expropriation and fair and equitable treatment is clear.
Fair and equitable treatment- In international investment disputes, standard of protection commonly required of host countries to their foreign investors.
In the vast number of cases the obligations for fair and equitable treatment and expropriation are breached.
However, even when taken as a whole,those rules of EU law do not mean that EU law recognises the principle of fair and equitable treatment as such.
It found that Spanish authorities had breached the standard of fair and equitable treatment and awarded a sum of EUR 128 million in compensation.
As a consequence, the Tribunal held that Respondent had aggravated Claimant's economic and financial situation and thus violated the BIT by failing to provide fair and equitable treatment to Claimant.
As a result,the Tribunal finds that Romania failed to“ensure fair and equitable treatment of the investments” of the Claimants in the meaning of Article 2(3) of the BIT'.
As the title suggests, this book is useful, if dated,concerning the issues of nationality and the fair and equitable treatment treaty standard.
This EU set of rules ensures the EU citizens' fundamental rights to fair and equitable treatment are respected in criminal proceedingsand similarly applied in all Member States.
Although it is considered as an independent basis for a finding of State responsibility, some arbitral tribunals have considered that the standard of protection against arbitrariness ordiscrimination is closely linked to that of fair and equitable treatment.
For full protection and security claims,which are related to a finding of fair and equitable treatment, the success rate was only 18%(15/183).
The second panellist discussed the fair and equitable treatment standard, emphasising the fact that, after allowing the freedom of interpretation of arbitrators, States now tend to circumscribe its scope and effects through a new wording of fair and equitable treatment clauses.
Among the 15 confirmed direct expropriation claims,13 also alleged violations of fair and equitable treatment, 7 of which were successful.
The BIT guaranteed, inter alia,the covered investments' fair and equitable treatment in the host state, which was interpreted to also include a protection of the investors' legitimate expectations.
Both the CMS v Argentina tribunal and the LG&E v Argentina tribunal found that Argentina had breached its obligation to provide fair and equitable treatment under the relevant investment treaty.
Each Contracting Party shall ensure fair and equitable treatment to investments of investors of the other Contracting Partyand shall not impair, by unreasonable or discriminatory measures, the operation, management, maintenance, use, enjoyment or disposal thereof by those investors.”.
Observes, furthermore, that unclear definitions of legal terms in CETA and the TTIP such as‘fair and equitable treatment' or‘indirect expropriation' must be rejected.
The fair and equitable treatment of investments is a broad concept which includes the right to a fair trialand the fundamental guarantees of good faith, non-discrimination(168) and proportionality(169) and the concepts of transparency, absence of ambiguity and of unfair treatment, the protection of legitimate expectations and protection against coercion and harassment.
The ICSID Tribunal ruled in favor of the Claimant and found that the Respondent had violated fair and equitable treatment and expropriated the Claimant's investment.
That certainly applies to Article 3 of the BIT, which the arbitral tribunal found in the arbitral award at issue in the main proceedingsto have been breached, since it expressly mentions investors of the Contracting Parties as being entitled to fair and equitable treatment and to most favoured nation treatment.
Investments by investors of a Contracting Party Shall, at all times,be accorded fair and equitable treatment and shall enjoy full protection and security in the territory of the other Contracting Party.“.
That is illustrated in the present case where the arbitral tribunal held in its Final Award that by banning the transfer and distribution of profits,(54)the Slovak Republic had breached Articles 3(fair and equitable treatment) and 4(free transfer of payments) of the BIT.
Bilateral Investment Treaty- Term given to a treaty between two Statesgranting protections for investments, such as fair and equitable treatment, the right to promptand adequate relief in the case of expropriation, and the States' consent to resolve disputes with investors through binding arbitration, often before the ICSID.
It should be pointed out that, in the arbitral proceedings at issue in the main proceedings,the Slovak Republic agreed that such a tax might be contrary to the fair and equitable treatment required by the BIT even though it is not incompatible with EU law.
That“[a]s regards the other rules providing material protection of investments,namely full protection and security, fair and equitable treatment of investments and the prohibition of illegal expropriations, it should be emphasised that any overlap with EU law is only partial and does not render them incompatible with EU law.