The Interpretation and Application of the Most-Favored-Nation Clause in Investment Arbitration (Hardcover) (ISBN-13: 9789004517882)

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.

Author: Anqi Wang
ISBN-10: 900451788X
ISBN-13: 9789004517882
Publisher: Brill Nijhoff
Language: English
Published: 09/15/2022
Pages: 328
Format: Hardcover