Summary

This article examines the possibility of applying provisions of outside trade agreements in investor-state arbitration through the most-favoured-nation-clause. This question is important due to the increasing number of trade agreements dealing with investment. There is a strong possibility that trade agreements may be incorporated as long as there is no explicit prohibition, since it respects the ejusdem generis requirements, and is in line with the purpose of the MFN-clause. However, in theory this option will be limited since many BITs contain an MFN-exception for such ...