Introduction

The application of the MFN Clause to the mechanisms of settlement of disputes is a controversial question. The problem arose in particular in investment arbitration. The majority of investment treaties comprise MFN clauses written in a broad way, and do not contain any provisions on the inclusion or the exclusion of investor-State arbitration in the scope of the clause. The question therefore is whether in the presence of such clauses, an investor can rely on the more favourable dispute settlement provisions accepted in other investment treaties. When the basic treaty contains no dispute ...