...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...
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...(MFN) obligations which apply to both. The distinction between both measures is clear under World Trade Organization (WTO) law (Article I and III of the GATT). Border measures include custom...
Could foreign investors use BITs or FTAs to sue the ...
...Treatment (“FET”) and Most Favored Nation (“MFN”) (Art. 5). However, the 2015 Model BIT restructured these protections, excluding both FET and MFN provisions. Instead, it limited the host state’s obligations...
India–UAE Bilateral Investment Treaty 2024: Breaking New Ground or Following ...
...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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...of Commerce Arbitration Center,[21] Grain and Feed Trade Association (GAFTA),[22] Bogotá Chamber of Commerce Arbitration Center,[23] Barranquilla Chamber of Commerce Arbitration Center,[24] Cuban Court of International Commercial Arbitration,[25] Court of...
Reviewing Colombian Supreme Court Judgments on International Arbitral Awards
...inconsistencies. When it comes to the MFN (Most Favored Nations) clause, arbitral practice seems to be evolving around a consistent rule. An MFN clause is governed by the ejusdem generis...
The Viability of Precedents in Arbitration
...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 ...
...broad National Treatment clause (covering ‘investments of investors’ and ‘return in respect of their investments’), an MFN clause (covering treatment to ‘investors’ but excluding matters relating wholly to taxation), an...
Bangladesh’s Regime Change – The India-Bangladesh BIT (2009) and the ...
...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...