Abstract

There are many international disputes which are categorised as public international disputes and private international disputes. The Duke Energy and Electroquil SA V. Republic of Ecuador is one of such cases of international dispute over the issue of fair and equitable treatment. The just, fair and equitable treatment towards company carry out operations internationally is one of the basic structures for collaboration of two or more international companies for globalisation. There has been claims by the company which stated that the government failed to follow the procedure of state as well as international law and also violates the bilateral treaty of investment (BIT) under the international law. Within the scope of this case, we can also understand the that arbitration agreement and international treaties such as BIT, both cases can be base for jurisdiction of the case.

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