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
Acceptance of the possibility of applying the Most-Favoured-Nations clause about dispute resolution procedures by the arbitrators of the Maffezini case, wide-ranging law debates followed, which led to the issuing of conflicting awards by the arbitration authorities. The 2015 ILC final report on the above clause indicates the all-out effort of this body to regulate the rules governing it through a comprehensive analysis of interpretations made by the arbitration authorities. This article seeks to answer the question of how far the commission's report has been effective in resolving law disputes and preventing the issuance of conflicting awards in ICSID by examining and analyzing two recent awards. The present research is prepared by descriptive-analytical method and by studying international documents and opinions. The examination of the issue began with the view that the commission's report, considering the position of this body and the extensive study, was able to persuade the arbitration authorities to have same point of view on the main issues in dispute. Whereas the findings showed that the arbitrators of the dispute resolution authorities continue to make decisions based on personal interpretations of the above subjects, and the disagreements and issuance of conflicting awards continue 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
- Gaillard, E. (2005). Establishing Jurisdiction through a Most-Favored-Nation Clause. 233(105).
- 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.
- Plama Consortium Limited v. Republic of Bulgaria, Decision on Jurisdiction. Case No. ARB/03/24. 8 February 2005.
- Salini Costruttori S.p.A. and Italstrade S.p.A. v. Kingdom of Morocco, Case No. ARB/00/4. 31 july 2001
- 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
References In Persian:
- A) Books
- Askari, P, (2015). Foreign Investment Law in International Arbitration Procedure. Tehran: Shahr Danesh Law Institue (In Persian).
- Lonfeld, Andreas F. (2017). International Economic Law. Translate by Mohammad Habibi Majandeh, Tehran: Jangal (In Persian).
- Phalsaphi, H. (2004). International Law of Treaties.Tehran: Nashrenow (In Persian).
- Wallace, Rebecca M. M (2004). International Law. Translation by Seyyed Ghasem Zamani, Mahnaz Bahramloo. Tehran: Shahr Danesh Law Institue (In Persian).
- B) Articles
- Habibi Mojandeh, M., Kamyar Raad, S. (2018). Law-Making by the International Court of Justice through Dynamic Interpretation. International Law Review, DOI:10.22066/CILAMAG.2018.31683. 5-55 (In Persian).
- Habibzadeh, Tawakkul (2013). Bilateral Investment Treaties. Law Journal, (30), 123- 253 (In Persian).
- Mirabbasi, S, B,, Qasimzadeh Maslabh, M. (2018). Feasibility of Applying the Rule of "Most Favour Nation" in Resolving International Investment Disputes. Tehran University, Public Law Studies Quarterly. DOI: 10.22059/jplsq.2018.252063.1670. 577-595 (In Persian).
- Mohammadi Dinani, P. (2009). The Most Favour Nation and the Arbitration of International Investment Disputes. Journal of Legal Research,(1) (Special Letter), 9-61 (In Persian).
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