Introduction

Two recent decisions on jurisdiction by ICSID tribunals indicate that investors will henceforward face difficulty in using "most favoured nation" ( "MFN" ) provisions in applicable bilateral investment treaties ("BITs" ) to establish jurisdiction over their investment disputes with host States. The decisions concerned ( Salini Costruttori S.p.A. and Italstrade S.p.A. v. The Hashemite Kingdom of Jordan[1] ( "Salini" ) and Plama Consortium Ltd.v.. Republic of Bulgaria[2] ( "Plama" )) appear to represent a marked change in direction from the ...