The principle of non-discrimination in investment arbitration

Somov I. A.

The article is devoted to the analysis of the principle of non-discrimination from a theoretical and practical point of view. Among other things, an alternative approach was analyzed in terms of its application. Today, the high rates of globalization and economic development are the driving force behind the improvement of legal instruments that ensure the protection and protection of economic entities. In particular, one of such instruments is the Institute of Investment Arbitration. A special role in the modern process of resolving investment disputes is played by the principles of law, the application of which ensures the possibility of a prompt response to changes in various spheres of life, which directly or indirectly affect the economic processes and behavior of the subjects of investment relations, due to their abstractness and the general nature of the formulated rules. One of the principles of investment arbitration is the principle of non-discrimination. Despite the existence of a long and extensive dialogue in the scientific community, neither in theory nor in practice, a consensus and approaches to understanding and law enforcement of the principle of law under consideration have not been formed. Thus, the study of this issue has not lost its relevance.

Keywords:principle of non-discrimination, investment arbitration, bilateral and multilateral investment agreements, doctrine of fair and equal treatment.