Titlebook: Application of Most-Favoured-Nation Clauses by Investor-State Arbitral Tribunals; Implications for the Tanjina Sharmin Book 2020 The Editor

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Introduction,ses in IIAs is a matter of interpretation, it is possible to clarify their scope to a significant extent by an evaluation of existing jurisprudence on their application. Accordingly, the central thrust of this book is to draw out the proper scope of MFN clauses in IIAs by evaluating the existing jur

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Application of MFN to the Substantive Benefits, not contain them at all; and whether MFN should import a better-drafted substantive benefit from another treaty when the basic treaty already contains the same kind of substantive benefit in less favourable terms. To explore the above issues, this chapter reviews 21 key arbitral decisions that allo

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Conclusion,ircumstances have given a complex definition of ‘like circumstances’ which will be challenging for the future arbitral tribunals to interpret. Lastly, total omission of MFN by India in reaction to the . decision may give rise to further concerns for the investors in future. The tribunal in . applied

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2510-1420 gto 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 a978-981-15-3732-5978-981-15-3730-1Series ISSN 2510-1420 Series E-ISSN 2510-1439

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