dc.contributor.author | Abulkassem, Sarah M. | |
dc.date.accessioned | 2023-10-12T14:49:56Z | |
dc.date.available | 2023-10-12T14:49:56Z | |
dc.date.issued | 2023 | |
dc.identifier.uri | https://qmro.qmul.ac.uk/xmlui/handle/123456789/91277 | |
dc.description.abstract | The Most Favored Nation (MFN) clause is one of the core protections envisaged in
international investment agreements. It is intended to provide equal treatment among foreign
investors and guarantee that they receive the same level of protection from the host state.
Nevertheless, there is a lack of jurisprudence constante on the scope of its application in
investment treaty arbitration (ITA). While extending the scope of the MFN clause to substantive
protection is preponderantly accepted in ITA, albeit increasingly criticized, the debate on its
application to dispute resolution provisions remains progressively heated. This article delves into
the nuanced debate surrounding the scope of the MFN clause, particularly in relation to dispute
resolution provisions. First, it begins by examining the controversial dichotomy of the MFN
application to procedural matters. Afterwards, it explores the common principles of interpretation
that play a pivotal role in shaping the interpretation of the MFN clauses. Second, it analyzes the
recent Award rendered in Itisaluna Iraq LLC v the Republic of Iraq whereby the tribunal, by
majority, declined its jurisdiction on the ground that the MFN clause as stipulated in the
Organization of Islamic Co-operation Agreement (OIC) cannot be used to import dispute
resolution provisions from bilateral investment treaties concluded between Iraq and other
countries | en_US |
dc.publisher | Queen Mary University of London - School of Law | en_US |
dc.relation.ispartof | Queen Mary Law Journal | |
dc.rights | Attribution-NonCommercial-NoDerivs 3.0 United States | * |
dc.rights.uri | http://creativecommons.org/licenses/by-nc-nd/3.0/us/ | * |
dc.title | The MFN clause under the OIC Agreement: Analysis of Itisaluna Iraq LLC and Others v Republic of Iraq | en_US |
dc.type | Article | en_US |
dc.rights.holder | © 2023 The Author(s) | |
dc.identifier.doi | https://doi.org/10.17636/10191277 | |
pubs.volume | 4 | |
rioxxterms.funder | Default funder | en_US |
rioxxterms.identifier.project | Default project | en_US |