CEU Electronic Theses and Dissertations, 2016
| Author | Hrynkiv, Olha |
|---|---|
| Title | The relevance of most-favored-nation clauses for the establishment of the jurisdiction of investment arbitration tribunals |
| Summary | This thesis analyzes the scope of protection granted to investors through a most-favored-nation clause (hereinafter MFN clause). In a number of cases, claimants have sought to invoke MFN clauses in order to establish or to broaden the tribunal’s jurisdiction or to overcome certain procedural preconditions and gain direct access to arbitration. Analysis of this practice reveals underlying problems in the drafting and interpretation of bilateral investment treaties (hereinafter BIT) while also invoking certain public policy considerations. This thesis proposes to extend the MFN clause to dispute settlement provisions in a limited number of cases: firstly, when it allows investors to overcome certain procedural obstacles and secondly, when there is a clear evidence of states’ will to arbitrate the dispute. Such a narrow interpretation of the clause is in line with the rules of treaty interpretation and prevailing practice, while at the same time minimizing the negative consequences of “a procedural bridge” between the BITs created by the MFN provision. |
| Supervisor | Petsche Markus |
| Department | Legal Studies LLM |
| Full text | https://www.etd.ceu.edu/2016/hrynkiv_olha.pdf |
Visit the CEU Library.
© 2007-2021, Central European University