Document Type : Article
Authors
1 Assistant Prof., Department of Law, Faculty of Humanitarian Sciences, Qaemshahr Branch, Islamic Azad University, Qaemshahr, Iran
2 Ph.D. Student in International Trade and Investment Law, Faculty of Law, Shahid Beheshti University, Tehran, Iran
Abstract
The acceptance of the applicability of the most-favored-nation clause regarding dispute resolution methods by the arbitrators in the Mavzini case has led to extensive legal debates, resulting in conflicting awards by arbitration bodies. The 2015 report of the International Law Commission on this clause reflects the comprehensive efforts of this institution to organize the governing rules through a thorough examination of the legal interpretations made by arbitration bodies. This paper aims to analyze two recent ICSID awards to address the question of how effectively the Commission's report has contributed to resolving legal disagreements and preventing conflicting awards in this forum. The present research is conducted using a descriptive-analytical method and involves the study of international documents and awards. The investigation began with the perspective that the Commission's report, given the status of this institution and the extensive study conducted, could encourage arbitration bodies to reach consensus on the main contentious issues. However, the findings indicate that arbitrators in dispute resolution bodies continue to make decisions based on personal interpretations of the mentioned cases, and disagreements and the issuance of conflicting awards persist significantly.
Keywords
Main Subjects
English
- A) Book
- Wang, A. (2022). The Interpretation and Application of the Most-Favored-Nation Clause in Investment Arbitration. World Trade Institute Advanced Studies, 12.
- B) Article
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- C) Dissertation
- Patrik Nils, J. (2011). Most Favoured Nation Treatment Application in International Investment Arbitration. Master's Thesis, University of Oslo.
- D) Cases
- Ambatielios Claim (Greece v. United Kingdom of Great Britain and Northern Ireland). 6 March 1956.
- Case concerning rights of nationals of the United States of America in Morocco (France v. United States of America), Judgment of August 27th, 1952.
- Fishers Jurisdiction Case (Spain v. Canada) Jurisdiction of Court. 4 December 1998.
- AsiaPhos Limited and Norwest Chemicals Pte Limited v. People’s Republic of China. Case No: ADM/21/1.16 February 2023.
- Emilio Agustin Maffezini v. Kingdom of Spain, Decision of the Tribunal on Objections to Jurisdiction. Case No: ARB 97/7. 25 January 2000.
- Impregilo S.p.A. v Argentine Republic (i).Concurring and Dissenting Opinion of Professor Brigitte Stern. Case No. ARB/07/17. 21 June 2011.
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- UP (formerly Le Chèque Déjeuner) and C.D Holding Internationale v. Hungary. Case No. ARB/13/35. 3 March 2016
- E) Documents:
- ILC (1978). Draft Articles on Most-Favoured-Nation Clauses.
- ILC (2015).Most-Favoured-Nation clause Final Report of the Study Group on the Most-Favoured-Nation clause.
- UNCTAD (2010). Series on Issues in International Investment Agreements II- Most-Favoured-Nation Treatment
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