Fair and Equitable Treatment

Abstract

This chapter examines the Fair and Equitable Treatment (FET) standard clause contained in the CETA Investment Chapter. I will first examine the reasons why the provision is novel and very unique in the already diverted world of FET clauses. One notable feature of this clause is the extent to which the text is similar to the way NAFTA tribunals have interpreted the FET clause (Article 1105). For this reason, the second part of this chapter analyses NAFTA case law of the last 20 years.