Application of the Most-Favoured-Nation Clause to the Dispute Settlement Clauses in Investment Treaties

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Mirabbasi seyed Bagher; Ghasemzadeh Moslabeh Majid

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Journal: PUBLIC LAW STUDIES QUARTERLY Year:2020 | Volume:50 | Issue:2 Page(s): 577-595

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Information Journal Paper

Title

Application of the Most-Favoured-Nation Clause to the Dispute Settlement Clauses in Investment Treaties

Author(s)

Mirabbasi seyed Bagher | Ghasemzadeh Moslabeh Majid | Issue Writer Certificate

Keywords

International Investment ArbitrationQ1

Most-Favoured-Nation ClauseQ2

Dispute Settlement ClauseQ1

Maffezini QuestionQ1

Investment TreatiesQ1

Abstract

Most-Favoured-Nation (MFN) clause has been always regarded as one of the cornerstones of international Investment Treaties which is the most important guarantee of non-discrimination among different foreign investors in the host country. Traditionally, the MFN Clause has been used to avoid discrimination based on substantive rights. After Maffezini Case Award, application of the MFN clause to procedural rights especially to Dispute Settlement Clauses has moved this standard to an advanced level of practice in international investment law. In many cases, investors succeeded to prove jurisdiction in arbitrations in which Defendant State has never consented to prerequisites needed to be fulfilled before referring the case to international arbitration. Regarding the fact that MFN Clause, without any exemption, is enshrined in all Iranian bilateral Investment Treaties with no explicit limitation on the application of the mentioned clause to dispute settlement provisions, the subject is critically of highest importance from the perspective of national interests and also the State policy about foreign investments. The present article, after giving a summary of the latest updates about the issue and also reviewing relevant jurisprudence, intends to scrutinize the possibility of Iranian BITs MFN Clauses being cited about dispute settlement provisions and to provide solutions for covering relevant risks.

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APA: Copy

Mirabbasi, seyed Bagher, & Ghasemzadeh Moslabeh, Majid. (2020). Application of the Most-Favoured-Nation Clause to the Dispute Settlement Clauses in Investment Treaties. PUBLIC LAW STUDIES QUARTERLY, 50(2 ), 577-595. SID. https://sid.ir/paper/251146/en

Vancouver: Copy

Mirabbasi seyed Bagher, Ghasemzadeh Moslabeh Majid. Application of the Most-Favoured-Nation Clause to the Dispute Settlement Clauses in Investment Treaties. PUBLIC LAW STUDIES QUARTERLY[Internet]. 2020;50(2 ):577-595. Available from: https://sid.ir/paper/251146/en

IEEE: Copy

seyed Bagher Mirabbasi, and Majid Ghasemzadeh Moslabeh, “Application of the Most-Favoured-Nation Clause to the Dispute Settlement Clauses in Investment Treaties,” PUBLIC LAW STUDIES QUARTERLY, vol. 50, no. 2 , pp. 577–595, 2020, [Online]. Available: https://sid.ir/paper/251146/en

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