Can Trust Beneficiaries ‘Trust’ the Protections Afforded by Investment Treaties? A Confirmation by the Castillo v. Panama Award
Investment treaty arbitration tribunals have addressed issues surrounding State intervention and States’ regulatory freedom time and time again, consequently creating guiding precedent regarding State conduct that could constitute breaches of the fair and equitable treatment (“FET”) or expropriation standards. However, recently, an investment treaty arbitration tribunal not only had to deal with issues surrounding the…