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Dispute Resolution and Arbitration
Interpretation – International Investment Treaties - International Investment Arbitration -Bilateral Investment Treaties (BITs) - Most Favored Nation clauses (MFN clauses) – Dispute Settlement provisions - a Third-Country BIT - Arbitral Tribunals - Dispute Settlement Arrangements.
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Full-Text Articles in Law
The Interpretation Of International Investment Treaties: The Application Of Mfn Clauses To Matters Of Dispute Settlement In Bits, Amr Mostafa Aabed Abdo
The Interpretation Of International Investment Treaties: The Application Of Mfn Clauses To Matters Of Dispute Settlement In Bits, Amr Mostafa Aabed Abdo
Theses and Dissertations
The decisions of the arbitral tribunals have been under heavy attack for the inconsistent and unintended interpretations that went beyond the intent of the parties as it is expressed in the treaty provisions. One of these misinterpreted provisions is the MFN clause. Many tribunals have used this clause to allocate the adjudicatory authority between international arbitration and domestic courts. The problem of this application is a matter of treaty interpretation that is governed by the international rules of interpretation in the VCLT. These rules provide a balance approach to treaty interpretation and recognize equally the legitimate rights and interests of …