Arbitration of the International Centre for Settlement of Investment Disputes for the Most-Favored Nation Clause

Abstract

The Most-Favored-Nation clause ( MFN) has become a pillar of bilateral investment agreements. For this reason, this article dealt with the problems facing the application of this clause before the International Center for Settlement of Investment Disputes (ICSID) and the appropriateness of its exporting to this clause in the context of exercising its arbitration jurisdiction to settle investment disputes. The first part of the article focused on the objective and personal jurisdiction of the ICSID, as well as the role of the will of the parties and the extent of its consideration in the context of the center's practices. The second part, examined and analyzed the argument of the beneficiary part by MFN clause before ICSID , the methodology of the latter in dealing with it , the associated legal problems related to the nature of MFN clause , the nature of the invocation of it, as well as its scope and extent, through an analytical workshop that collected the law and its texts, jurisprudence and its opinions, the judiciary and its provisions. The arbitration center's precedents had a pivotal presence in order to track its arbitral methods and interpretative trends for this MFN clause.

Keywords

• the international centre for settlement of investment disputes (icsid),,
• ,،,؛most-favored nation clause(mfn),,
• ,،,؛bilateral investment treaties (bit)