The Interpretation and Application of the Most-Favored-Nation Clause in Investment Arbitration

The Interpretation and Application of the Most-Favored-Nation Clause in Investment Arbitration
Author :
Publisher : BRILL
Total Pages : 325
Release :
ISBN-10 : 9789004517899
ISBN-13 : 9004517898
Rating : 4/5 (898 Downloads)

Book Synopsis The Interpretation and Application of the Most-Favored-Nation Clause in Investment Arbitration by : Anqi Wang

Download or read book The Interpretation and Application of the Most-Favored-Nation Clause in Investment Arbitration written by Anqi Wang and published by BRILL. This book was released on 2022-10-17 with total page 325 pages. Available in PDF, EPUB and Kindle. Book excerpt: The open access publication of this book has been published with the support of the Swiss National Science Foundation. In The Interpretation and Application of the Most-Favored-Nation Clause in Investment Arbitration, Dr. Anqi Wang provides suggestions for MFN drafting in future international investment agreements (IIAs), as well as for MFN application by investor-state dispute settlement (ISDS) tribunals in case of ambiguity. Dr. Wang conducts a systemic review of MFN clause in history and maps all the relevant ISDS cases. She argues that ISDS tribunals should interpret the MFN clause according to the treaty text on a case-by-case basis, and that tribunals should also consider state consent as the foundation for the jurisdiction of international adjudication, current IIA reform, and essential treaty interpretive principles.


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Master's Thesis from the year 2009 in the subject Law - European and International Law, Intellectual Properties, grade: B+, University of Auckland, course: Inte