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Application of Most-Favoured-Nation Clauses by Investor-State Arbitral Tribunals

2020-04-01 Law
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Release : 2020-04-01
Genre : Law
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Book Rating : 305/5 ( reviews)

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Book Synopsis Application of Most-Favoured-Nation Clauses by Investor-State Arbitral Tribunals by : Tanjina Sharmin

Download or read book Application of Most-Favoured-Nation Clauses by Investor-State Arbitral Tribunals written by Tanjina Sharmin. This book was released on 2020-04-01. Available in PDF, EPUB and Kindle. Book excerpt: This book comprehensively examines various issues regarding the scope of Most-Favoured Nation (MFN) Clauses in International Investment Agreements (IIAs), and addresses the reform, interpretation, and enforcement of IIAs with a specific focus on the MFN clause. The book begins with a study of the history and evolution of the MFN. It then presents a substantive analysis focusing on the drafting style and how it affects the scope of the MFN; rules of interpretation and arbitral case law on the scope of the MFN, procedural prerequisites to arbitration and jurisdiction of arbitral tribunals, and the implications of adopting an expansive approach to the MFN clause. The book’s argument centres on the need for arbitral tribunals to interpret the MFN in a manner that reflects the expressed intent of the parties. This requires taking into consideration the text of the MFN, its purpose, and the overall context of the IIA, rather than relying on values and assumptions that have nothing to do with the original intent of the parties. In making this argument, the book draws on Articles 31 and 32 of the Vienna Convention on the Law of Treaties and other interpretative rules. What sets the book apart is its comprehensive coverage of issues concerning the interpretation and application of the MFN in IIAs. At the same time, it addresses issues in connection with an expansive interpretation of MFN clauses, as well as concerns regarding the legitimacy crisis in investor-state arbitration. Accordingly, it contributes to future Investor-State Dispute Settlement (ISDS) reform, while also offering a wealth of theoretical and practical insights for future treaty drafters, arbitrators, and policymakers.

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

2022-10-17 Law
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Release : 2022-10-17
Genre : Law
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Book Rating : 898/5 ( reviews)

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Book Synopsis The Interpretation and Application of the Most-Favored-Nation Clause in Investment Arbitration by : Anqi Wang

Download or read book The Interpretation and Application of the Most-Favored-Nation Clause in Investment Arbitration written by Anqi Wang. This book was released on 2022-10-17. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Toward Uniformly Accepted Principles for Interpreting MFN Clauses

2021-06-07 Law
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Release : 2021-06-07
Genre : Law
Kind : eBook
Book Rating : 742/5 ( reviews)

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Book Synopsis Toward Uniformly Accepted Principles for Interpreting MFN Clauses by : Nudrat Ejaz Piracha

Download or read book Toward Uniformly Accepted Principles for Interpreting MFN Clauses written by Nudrat Ejaz Piracha. This book was released on 2021-06-07. Available in PDF, EPUB and Kindle. Book excerpt: siness models adopted by insurance companies; and comparative analysis of double tax treaty policies adopted in a number of countries with respect to the permanent establishment provision in the insurance business, highlighting Switzerland for comparative purposes. In a concluding chapter, the author proposes changes to the definition of the dependent agent permanent establishment currently enshrined in the model treaties and their respective commentaries, aligning such a definition to the regulatory framework in which insurance companies conduct their business in countries other than that of incorporation. As a highly significant and timely contribution to the study of the interplay between insurance regulation and tax implications, this very original work will prove of especial value to practitioners in international tax and insurance law, as well as professionals in the financial services sector and tax academics.

Application of Most-Favoured-Nation Clauses to Dispute Settlement Provisions of Bilateral Investment Treaties

2016
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Release : 2016
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Book Synopsis Application of Most-Favoured-Nation Clauses to Dispute Settlement Provisions of Bilateral Investment Treaties by : Elizabeth Whitsitt

Download or read book Application of Most-Favoured-Nation Clauses to Dispute Settlement Provisions of Bilateral Investment Treaties written by Elizabeth Whitsitt. This book was released on 2016. Available in PDF, EPUB and Kindle. Book excerpt: Bilateral investment treaties (BITs) provide investors in natural resource projects with stability. Specifically, dispute settlement provisions, a feature of most modern BITs, allow investors to make claims against the host state for alleged breaches of the BIT However, some such provisions establish limits or preconditions with respect to the ability of investors to access international arbitration. Recently, investors have invoked the most-favoured-nation (MFN) clauses of BITs in an attempt to avoid those limits or preconditions. This issue has proven to be very contentious and arbitral tribunals have come to different conclusions with some tribunals willing to extend MFN protection to an investor's procedural rights and others refusing to do so. This article examines the diverging lines of arbitral jurisprudence on this issue and highlights the opposing positions of a doctrinal divide regarding the scope and applicability of MFN protection.

Handbook of International Investment Law and Policy

2021-08-17 Law
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Release : 2021-08-17
Genre : Law
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Book Rating : 140/5 ( reviews)

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Book Synopsis Handbook of International Investment Law and Policy by : Julien Chaisse

Download or read book Handbook of International Investment Law and Policy written by Julien Chaisse. This book was released on 2021-08-17. Available in PDF, EPUB and Kindle. Book excerpt: The Handbook of International Investment Law and Policy is a one-stop reference source. This Handbook covers the main conceptual questions in a logical, scholarly yet easy to comprehend manner. It is based on a truly global vision insisting particularly on Global South related issues and developments. In this respect, the Handbook of International Investment Law and Policy provides an excellent modern treatment of international investment law which is one of the fastest growing areas of international economic law. Professor Julien Chaisse, Professor Leïla Choukroune, and Professor Sufian Jusoh are the editors-in-chief of the Handbook of International Investment Law and Policy, a 1,500-page reference book, which is anticipated becoming one of the most influenced reference books in the international economic law areas. This Handbook is a highly comprehensive set of four volumes of original materials designed to cover all facets of international investment law and policy. The chapters, written by world-leading experts, explore key ideas and debates in relation to: international investment substantive law (Volume I), Investor-state dispute settlement (Volume II); interaction between international investment law and other fields of international law (Volume III); and, the new trends and challenges for international investment law (Volume IV). The Handbook will feature more than 80 contributions from leading experts (academics, lawyers, government officials), including Vivienne Bath, M. Sornarajah, Mélida Hodgson, Rahul Donde, Roberto Echandi, Andrew Mitchell, Ernst-Ulrich Petersmann, Christina L. Beharry, Krista Nadakavukaren Schefer, Leon Trakman, Prabhash Ranjan, Emmanuel Jacomy, Mariel Dimsey, Stavros Brekoulakis, Romesh Weeramantry, Nathalie Bernasconi-Osterwalder, David Collins, Damilola S. Olawuyi, Katia Fach Gomez, Jaemin Lee, Alejandro Carballo-Leyda, Patrick W. Pearsall, Mark Feldman, Surya Deva, Luke Nottage, Rafael Leal-Arcas, James Nedumpara, Rodrigo Polanco, etc. This Handbook will be an essential reference tool for students and scholars of international economic law. Policy makers and researchers alike will find the Handbook of International Investment Law and Policy useful for years to come.

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