Abstract

The present article analyses the following question: can a Most Favoured Nation (MFN) clause contained in an investment treaty which includes a fair and equitable treatment (FET) standard clause be used by an investor to claim the benefit of a better FET protection found in other treaties entered into by the host State? There is wide consensus amongst tribunals (outside NAFTA) and scholars in favor of this proposition whenever the MFN clause is broad enough to allow for such an importation. The difficult question is to determine what a 'better' FET clause is. As a matter of principle, a ...