Open Access. Powered by Scholars. Published by Universities.®
Brooklyn Journal of International Law
Most-favored nation; MFN; bilateral investment treaty; BIT; investment treaty; investment; international arbitration; International Centre for Settlement of Disputes; ICSID; Vienna Convention on the Law of Treaties; VCLT; India; UNCTAD; the Netherlands; United Nations Commission on International Trade Law; UNCITRAL; United Nations Conference on Trade and Development; UNCTAD; third-party BIT; third-party provision; non-discrimination; borrowing
Articles 1 - 1 of 1
Full-Text Articles in Law
An Inquiry Into The Scope Of Mfn Provisions In Bilateral Investment Treaties, Amit Kumar Sinha
An Inquiry Into The Scope Of Mfn Provisions In Bilateral Investment Treaties, Amit Kumar Sinha
Brooklyn Journal of International Law
This article inquires into the scope of MFN treatment in Bilateral Investment Treaties. The article primarily analyzes the ways in which MFN treatment may be extended to foreign investors; this includes extending favorable treatment to a foreign investor in cases of internal/domestic measures and borrowing more favorable provisions from third-party BITs. This article attempts to shed light on the interpretation and dynamics of the use of MFN provisions for internal measures. It also delves into the rationale for borrowing provisions from third-party BITs. It further presents a critique of various tribunals’ decisions and scholarly discussions and writings that deal with …