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Practising VirtueInside International Arbitration$
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David D. Caron, Stephan W. Schill, Abby Cohen Smutny, and Epaminontas E. Triantafilou

Print publication date: 2015

Print ISBN-13: 9780198739807

Published to Oxford Scholarship Online: January 2016

DOI: 10.1093/acprof:oso/9780198739807.001.0001

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Reflections on ‘Most Favoured Nation’ Clauses in Bilateral Investment Treaties

Reflections on ‘Most Favoured Nation’ Clauses in Bilateral Investment Treaties

Chapter:
(p.556) 33 Reflections on ‘Most Favoured Nation’ Clauses in Bilateral Investment Treaties
Source:
Practising Virtue
Author(s):

Christopher Greenwood

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780198739807.003.0034

This chapter looks at the nature of most favoured nation (MFN) clauses and the ways in which they bear on investor-state arbitration. It covers many contours of MFN clauses, including their history, function, and proper application and interpretation. It dispels the confusion created by the interpretation of an MFN clause as a means of additional provisions being ‘written into’ the treaty, and treats thorny issues, such as whether an MFN clause may serve as an independent source of jurisdiction, thus potentially expanding the scope of the dispute resolution clause.

Keywords:   most favoured nation, investor-state arbitration, investment treaty arbitration

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