Tag Archives: Most Favoured Nation (MFN)

NAFTA tribunal considers issues of res judicata and the customary international law minimum standard of treatment

In Apotex Holdings Inc. and Apotex Inc. v United States of America, (ICSID Case No. ARB(AF)/12/1), a NAFTA chapter eleven tribunal considered issues of res judicata and the customary international law minimum standard of treatment. In a case notable for its discussion of res judicata and the … Continue reading

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Filed under Americas, Investment Arbitration

Europe consults on investment protection and ISDS in the TTIP

The European Commission has launched a public consultation on its proposed approach to investment protection and investor-state dispute settlement (ISDS) provisions in the Transatlantic Trade and Investment Partnership (the TTIP).  The TTIP is a free trade agreement currently in negotiation … Continue reading

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Filed under Americas, EU Law, Europe, Investment Arbitration, Trade/WTO, Treaty negotiation, interpretation and impact

Consistently inconsistent: another contrasting decision on ‘Most Favoured Nation’ provisions, another split decision

In Daimler Financial Services AG v Argentine Republic, an ICSID tribunal considered whether Daimler, a German investor, could rely on the ‘most favoured nation’ (MFN) clause in the Argentina-Germany bilateral investment treaty (BIT) to import a more favourable dispute resolution … Continue reading

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Filed under Americas, Investment Arbitration

Bilateral Investment Agreement signed between Iraq and Japan on 7th June 2012

A bilateral investment agreement or treaty (BIT) between Japan and Iraq was signed on 7th June 2012. This is the first BIT between Iraq and a major economy and is a significant and credible commitment by Iraq to the rights … Continue reading

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Filed under East Asia, Investment Arbitration

Third time lucky for Argentina as tribunal rules MFN clause does not extend to dispute resolution

In ICS Inspection and Control Services Limited (United Kingdom) v The Argentine Republic (PCA Case No. 2010-9), a tribunal at the Permanent Court of Arbitration in The Hague has held that a requirement in the Argentina-UK BIT to first submit … Continue reading

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Filed under Investment Arbitration

India liable under BIT for extensive judicial delays

An UNCITRAL tribunal in Singapore has held that the Republic of India breached its obligation under the India-Kuwait bilateral investment treaty (BIT) to provide investors with an “effective means of asserting claims and enforcing rights” through undue delay in the … Continue reading

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Filed under Hong Kong & China, India, Investment Arbitration, South East Asia