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

• Main Author: Wang, Anqi (auth)
• Format: Electronic Book Chapter
• Language: English
• Published: Brill 2022
• Subjects: Public international law; International economic & trade law; Investment treaties & disputes; international investment arbitration; Most-Favored-Nation clause; procedural treaty standard; substantive treaty standard; treaty interpretation
• Online Access: DOAB: download the publication; DOAB: description of the publication

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.