Application of the MFN-clause in investment treaties: Replies to two questions
Article from: TDM 2 (2004), in International Commercial Arbitration
Summary
Question 1: To what extent would a UK investor be able to claim the better treatment granted to US investors (by the US BIT) by invoking the MFN clause contained in the UK BIT in the area of pre-establishment with regard to performance requirements. Question 2: If the MFN clause is not applicable, what would be required from a UK investor's perspective to be covered by the US BIT provisions? in the area of pre-establishment with regard to performance requirements. For the answer, please download ...