...international investment agreements (“IIAs”), the most-favored nation (“MFN”) clause, presents a significant impediment to this reform process. MFN clauses (as conventionally interpreted) have the potential to play the role of... Examining New Approaches to the Interpretation of MFN Clauses in ...July 9, 2020 by Claire Sheridan
...to use MFN clauses[38] to bypass preconditions to arbitration by importing dispute settlement clauses from other BIT bilateral investment treaties that did not mandate such preconditions. Unlike the Siemens Tribunal,[39],... Whether Contractual Preconditions to Arbitration should be regarded as ‘Impediments’ ...April 28, 2022 in Uncategorized by ARIA
...Jeremy R. Stewart, Examining New Approaches to the Interpretation of MFN Clauses in the International Investment Agreements (Vol. 30(1) December 2019) Gaëtan Verhoosel, Keynote Address – Uncanny: Investment Arbitration’s Three... Search by TopicMay 10, 2021 by clairesheridan
...either through the operation of MFN[54] or of NT[55] since neither of these two norms are part of customary international law. V. CONCLUDING REMARKS The overall picture emerging from this... The ISDS Clause in the Investment Law of the Kyrgyz ...February 11, 2021 in Blog by clairesheridan
...Central Asian countries are similar in providing certain standards of substantive protections for the foreign investor, such as fair and equitable treatment (FET); expropriation (direct and indirect) protections; most-favored-nation (MFN)... ВITs in Central Asia: Opportunities and RisksOctober 10, 2023 in Blog by Yue-Zhen Li
...Tribunal does not consider that there is evidence that an autonomous legal standard governing privilege claims has yet crystallized in international law”.[20] Furthermore, the tribunal stated that “an MFN approach... TagTime with Samaa Haridi – Legal Privilege in International Commercial ...March 22, 2021 in Blog / TagTime by clairesheridan
...Examining New Approaches to the Interpretation of MFN Clauses in International Investment Agreements Jeremy R. Stewart Fair and Equitable Treatment as Boilerplate Michael Waibel Promoting Sustainable Development in BITs: The... Volume 30: Issue 1 (December 2019)July 9, 2020 by Jean Lambert
...silent on its procedural framework may find support in its request where the underlying BIT has an MFN clause. If the respondent state already agreed in another BIT to use... A Potentially Vast Procedural Framework for ICSID Arbitration Provisions Silent ...February 24, 2023 in Blog by ARIA