Abstract

The article examines the most recent ICSID decisions dealing with the interpretation of the "Most Favoured Nation" clauses contained in Bilateral Investment Treaties. It is of particular interest this study because in some of these decisions, the arbitral tribunals have established jurisdiction through a clause of this type. In effect, the first decision in Maffezini case accepted, on the basis of this clause, that the claimant can use this clause to benefit the most favourable dispute mechanisms contained in a third-party Treaty. This principle has similarly been ...