MOST- FAVORED NATION CLAUSE IN INTERNATIONAL INVESTMENT ARBITRATION

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MOHAMMADI DINANI M.

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Journal: Legal Research Year:2009 | Volume:- | Issue:SUPPLEMENT 1 Page(s): 9-61

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Information Journal Paper

Title

MOST- FAVORED NATION CLAUSE IN INTERNATIONAL INVESTMENT ARBITRATION

Author(s)

MOHAMMADI DINANI M. | Issue Writer Certificate

Keywords

MOST-FAVORED NATION CLAUSEQ2

BILATERAL INVESTMENT TREATIESQ3

INVESTMENT DISPUTES SETTLEMENTQ3

JURISDICTION OF INTERNATIONAL ARBITRATIONQ3

SUBSTANTIVE STANDARDS OF PROTECTION OF FOREIGN INVESTMENTQ3

Abstract

The most -favored nation clauses used to be inserted in the friendship and commerce treaties between states. Within the last three decades, the number of BILATERAL INVESTMENT TREATIES has been increased between states whether developed or developing. The MFN clauses have been included in these treaties.The extent of such clauses primarily concerned substantive protections. However, as to number of the bilateral investment increased and the possibility of direct action by investors against the host states at the international level arose, the question has now arisen as to whether the clauses can have a jurisdictional operation too? Namely can the investor by relying on the clauses benefit from the privileges of the settlement dispute clauses contained in third BILATERAL INVESTMENT TREATIES? Or that operation of this clause (MFN) is only to apply to substantive standards of protecting foreign investment.This subject analyzes in this article in respect of international arbitration proceedings. The analyze clarifies this concept in international investment law and shows the jurisdictional operation of this concept.

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APA: Copy

MOHAMMADI DINANI, M.. (2009). MOST- FAVORED NATION CLAUSE IN INTERNATIONAL INVESTMENT ARBITRATION. REVUE DE RECHERCHE JURIDIQUE, -(SUPPLEMENT 1), 9-61. SID. https://sid.ir/paper/91876/en

Vancouver: Copy

MOHAMMADI DINANI M.. MOST- FAVORED NATION CLAUSE IN INTERNATIONAL INVESTMENT ARBITRATION. REVUE DE RECHERCHE JURIDIQUE[Internet]. 2009;-(SUPPLEMENT 1):9-61. Available from: https://sid.ir/paper/91876/en

IEEE: Copy

M. MOHAMMADI DINANI, “MOST- FAVORED NATION CLAUSE IN INTERNATIONAL INVESTMENT ARBITRATION,” REVUE DE RECHERCHE JURIDIQUE, vol. -, no. SUPPLEMENT 1, pp. 9–61, 2009, [Online]. Available: https://sid.ir/paper/91876/en

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