Introduction

The lecture of arbitral decisions and awards dealing with MFN clause and arbitration shows that the recent jurisprudence sets out limits to the operation of MFN clauses to the procedural matters by invoking "public policy exception," by distinguishing between "essential provisions" excluded from the scope of the MFN and non-essential provisions," covered by the MFN, or by deciding that MFN clauses did not cover procedural matters until proof of the opposite. Our target is to study the application of MFN clauses to investor-State arbitration from a WTO Perspective. Two arguments ...