The Application of the Principle of Fair And Equitable Treatment in Foreign Investment (a Case Study of Rafat Ali Against the Government of Indonesia)

Abstract

Foreign investment disputes are settled through international arbitration forums, international arbitration forum which typically handles investment disputes between foreign investors with the capital receiving country is ICSID. The sue of arbitration filed by foreign investors in ICSID arbitration is unfair treatment and reasonable by the recipient country capital of the investment or the violation of the principles of fair and equitable treatment. This principle contained in almost every international investment agreements either bilateral, regional and multilateral. In this paper the author is limiting itself to setting the principles of fair and equitable treatment in accordance with international law associated with a dispute between Rafat Ali against the government of Indonesia. To figure this study, the specification of the research is descriptive analytical, that portray and analyze the provisions relating to the principle of fair and equitable treatment. the method used in this paper is a normative juridical approach is to examine the legal provisions concerning the principle of fair and equitable treatment.