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Investor Due Diligence and Legitimate Expectations

Matos, S; (2021) Investor Due Diligence and Legitimate Expectations. The Journal of World Investment & Trade 10.1163/22119000-12340231. Green open access

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Abstract

This article examines the significance of investor due diligence in the context of a claim that a host State has breached its obligation to provide fair and equitable treatment (FET). Despite increasing reliance on due diligence exercises, there are considerable differences in how tribunals understand and use such exercises. These differences are related to different visions of the function and future of international investment law. After exploring the different approaches that are taken, this article will argue that the most coherent approach is to treat investor due diligence as merely a technique for assessing investor reasonableness and prudence, rather than a strict requirement.

Type: Article
Title: Investor Due Diligence and Legitimate Expectations
Open access status: An open access version is available from UCL Discovery
DOI: 10.1163/22119000-12340231
Publisher version: https://doi.org/10.1163/22119000-12340231
Language: English
Additional information: © Shaun Matos, 2021 This is an open access article distributed under the terms of the CC BY 4.0 license.
Keywords: due diligence; fair and equitable treatment; investor-State dispute settlement; legitimate expectations
UCL classification: UCL
UCL > Provost and Vice Provost Offices > UCL SLASH
UCL > Provost and Vice Provost Offices > UCL SLASH > Faculty of Laws
URI: https://discovery.ucl.ac.uk/id/eprint/10141484
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