The Interpretation and Application of the Most-Favored-Nation Clause in Investment Arbitration / / AnQi Wang.

• Superior document: World Trade Institute Advanced Studies ; Volume 12
• VerfasserIn: Wang, Anqi, 1922-
• Place / Publishing House: Leiden, The Netherlands : : Koninklijke Brill nv,, [2022]; ©2022
• Year of Publication: 2022
• Edition: First edition.
• Language: English
• Series: World Trade Institute advanced studies ; Volume 12.
• Physical Description: 313 pages.

"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. "--editor.

Table of Contents

Introduction -- History of the MFN Clause in International Law -- Interpretation of the MFN Clause -- Applying the MFN Clause for higher substantive treatment -- Applying the MFN Clause to avoid procedural preconditons -- Applying the MFN Clause to avoid jurisdictional obstacles -- Conclusion.