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Research on the Legitimate Expectation Principle in International Investment Arbitration
- 1 International Law School, East China University of Political Science and Law, Shanghai, China
* Author to whom correspondence should be addressed.
Abstract
The legitimate expectation principle, as an important legal principle developed in the practice of international investment arbitration, originated from the concept of reliance protection in domestic administrative law of countries like the UK and the US. Currently, in investment arbitration, more and more arbitration tribunals regard the legitimate expectation principle as one of the significant considerations for interpreting the fair and equitable treatment clauses. However, due to the ambiguity of the principle itself, there is still no unified interpretation and regulation on the application requirements of this principle in the academic circle and practice. Therefore, this paper studies the legal basis of the legitimate expectation principle in domestic and international law, discusses the advantages of its application, compares various academic viewpoints, and finally proposes three core application requirements of this principle. The intention is to establish a standardized criterion for the determination of reasonable expectation, narrow the differences in the application of the principle by arbitration tribunals, achieve the legal unity and practical coordination of it, thereby limiting the arbitration tribunal's discretionary power, balancing the interests between investors and host countries, and promoting the good development of international investment rule of law.
Keywords
The legitimate expectation principle, International investment law, Investment arbitration, Fair and equitable treatment
[1]. Zheng Zhuqing. (2024) On the Application of Investors' Reasonable Expectations in the Interpretation of Fair and Just Treatment Clauses. The Journal of Legal Studies, Volume 1,66-73.
[2]. Yu Jingsong. (2018) International Investment Law. Legal Publishing House.
[3]. Liu Sun. (2022). On the Introduction and Application of the Principle of Reasonable Expectation in International Investment Law. Journal of South China Normal University (Social Sciences Edition),155-176+208.
[4]. Sun Hongtao, Lin Sha. (2018). The Historical Trace of the Principle of Reasonable Expectation in American Insurance Law.Retrieved from https://baijiahao.baidu.com/s?id=1612183752082719035&wfr=spider&for=pc.
[5]. Lin Jingjing. (2022). The Application of the Principle of Reasonable Expectation of Investors in International Investment Arbitration. East China University of Political Science and Law.
[6]. Tecnicas Medioambientables Tecmed S. A. v. The United Mexican States, ICSID Case No. ARB (AF)/00/02, para. 154, Award (May 29, 2003).
[7]. Saluka Investments B.V. v. Czech Republic, UNCITRAL, Partial Award, 17 March 2006, paras. 300, 306.
[8]. Li Cong. (2023). Research on the Principle of Reasonable Expectation of Investors under International Investment Law. Southwest University of Political Science and Law.
[9]. Zhu Yue. (2023). Challenges and Responses of Disputes over Intellectual Property Protection under Investment Treaties to the Standard of "Fair and Equitable Treatment" for Investors. Global Legal Review, Volume 5.
[10]. Yao Lu. (2024). Countermeasures of China in the Context of Reform of International Investment Arbitration. Retrieved from https://doi.org/10.12677/ojls.2024.128706.
Cite this article
Fan,J. (2025). Research on the Legitimate Expectation Principle in International Investment Arbitration. Advances in Economics, Management and Political Sciences,177,20-26.
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Volume title: Proceedings of the 3rd International Conference on Management Research and Economic Development
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