Application of the MFN-clause in investment treaties: Replies to two questions
Article from: OGEL 3 (2003), in International Oil, Gas & Energy Dispute Management
Summary
p>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.
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