legitimate expectations investment law

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An investmentfonds wikipedia free fund also index tracker is a mutual fund or exchange-traded fund ETF designed to follow certain preset rules so that the fund can track a specified basket johann pfeiffer iforex underlying investments. Index funds may also have rules that screen for social and sustainable criteria. An index fund's rules of construction clearly identify the type of companies suitable for the fund. Additional index funds within these geographic markets may include indexes of companies that include rules based on company characteristics or factors, such as companies that are small, mid-sized, large, small value, large value, small growth, large growth, the level of gross profitability or investment capital, real estate, or indexes based on commodities and fixed-income. Companies are purchased and held within the index fund when they meet the specific index rules or parameters and are sold when they move outside of those rules or parameters. Think of an index fund as an investment utilizing rules-based investing.

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Legitimate expectations investment law

These involve situations where the investor is able to invoke contractual commitments, unilateral representations of the state and a right to a stable regulatory framework. Subscriber sign in You could not be signed in, please check and try again. Username Please enter your Username. Password Please enter your Password. Forgot password? Don't have an account? Sign in via your Institution. You could not be signed in, please check and try again.

Sign in with your library card Please enter your library card number. View translated passages only. In the following paragraphs we will review the basic contours of the notion of legitimate expectations as used in investment arbitration.

The foreign investor expects the host State to act in a consistent manner, free from ambiguity and totally transparently in its relations with the foreign investor, so that it may know beforehand any and all rules and regulations that will govern its investments. Although some subsequent arbitral tribunals relied on this definition[6], it has been criticized for being extremely broad by several others[7], as well as by prominent legal scholars.

Today, arbitral tribunals consider almost unanimously that legitimate expectations form part of the FET standard contained in the BITs and should be interpreted within its limits. Not every expectation of foreign investors must automatically considered to be legitimate. To understand what constitutes a specific representation an arbitral tribunal needs to assess all relevant circumstances.

See also Gavrilovic v.


This article will first attempt to trace the roots of the concept of legitimate expectations, thus looking at domestic administrative law systems and the EU system, which protect legitimate expectations in a number of situations. It will then turn to the investment treaty context, where the doctrine has found its most popular application under the fair and equitable treatment standard.

The article will identify patterns of governmental conduct in relation to which a breach of legitimate expectations has been found. These involve situations where the investor is able to invoke contractual commitments, unilateral representations of the state and a right to a stable regulatory framework. Most users should sign in with their email address. If you originally registered with a username please use that to sign in.

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Close mobile search navigation Article Navigation. Volume Article Navigation. Oxford Academic. Google Scholar. Select Format Select format. Despite this, the legal basis for the application of the concept in international law is not fully examined. This chapter examines the concept of legitimate expectations, exploring its meaning and content, its legal basis in international investment law, the disadvantages it presents to host-states, how host-states may limit the application and potential impact of the concept, and the possibility of host-states creating for themselves and their citizens legitimate expectations required of investors.

Legitimate expectations in investment treaty law: concept and scope of application. Law Resources. Access to Document Chaisse, L. Jusoh Eds. Laryea, Emmanuel T. Handbook of International Investment Law and Policy.

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Dr Rebecca Williams- Multiple Doctrines of Legitimate Expectations

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In its most specific form. Legitimate expectations in investment treaty law: Understanding the roots and the limits of a controversial concept. Michele Potestà*. TABLE OF CONTENTS. A number of domestic legal systems protect legitimate expectations,26 which are intended as 'the entitlement of an individual to legal protection.