...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...
Search Results for : "MFN"
...contains an FPS clause or a most-favored-nation clause (MFN clause) capable of importing an FPS provision from a third BIT. It appears three conditions need to be fulfilled in order...
Full Protection and Security Standard: A Loophole in Diplomatic Protection ...
...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’ ...
...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...
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...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 ...
...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 Risks
...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 ...
...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)
...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...