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Back To The Eternal Debate Of Mfn And Dispute Settlement: A Case Comment On Ics V. Republic Of Argentina, Antoine Martin
Back To The Eternal Debate Of Mfn And Dispute Settlement: A Case Comment On Ics V. Republic Of Argentina, Antoine Martin
Antoine Martin
Most-Favoured Nation (MFN) clauses and their possible extension to dispute settlement mechanisms are at the heart of a significant debate in international investments law. This debate is very lively but it is currently unsettled, as demonstrated by persisting disagreements between opposite Schools of thoughts and multiple inconsistencies in arbitral decisions. MFN clauses were reconsidered recently following a claim brought by ICS Inspection and Control Services Limited against Argentina before the Permanent Court of Arbitration (PCA). The PCA arbitrators rendered a decision in February 2011 in which jurisdiction was rejected together with the idea that a MFN can be extended to …
Escrow Mechanism Under Foreign Direct Investment, Mubashshir Sarshar
Escrow Mechanism Under Foreign Direct Investment, Mubashshir Sarshar
Mubashshir Sarshar
No abstract provided.
Legal Systems As A Determinant Of Fdi In South Asia, Maurya Vijay Chandra
Legal Systems As A Determinant Of Fdi In South Asia, Maurya Vijay Chandra
Maurya Vijay Chandra
systems are an important factor affecting the location of foreign direct investment (FDD; that predictable and efficient legal systems are the most effective in attracting FDI; and that efficiency and predictability are, in the opinion of investors, best achieved by adopting a 'western-style' legal system in which government and bureaucratic discretion are limited, laws are enforced consistently, corruption is low and the judiciary and bureaucracy are independent from politicians.