The Study Of The Use Of Most Favored-nation Treatment To Avoid The Local Relief Waiting Period In The International Investment Arbitration Jurisdiction

Maffezini v. Spain in 2000 opened up a challenge to the most-favored-nation treatment in investment. Using most-favored-nation treatment to avoid the waiting period of the local relief by investors had up to 15 cases till 2013.which in addition to the "national grid company v Argentina" and "anglian water group v Argentina" by the commission on international trade law arbitration and "ICS prosecution service company v Argentina" arbitration by the arbitration court, the rest of the 12 cases, investment disputes will submitted to ICSID arbitration by the parties.As the major institutions to handle international investment dispute case, however, ICSID which handling of the problem of conflict on the arbitration as a different result. Even though the same request for investors, the arbitration tribunal support or oppose. Specific to this paper, two cases, the complainant Siemens and wintershall are both German companies and the complainant is Argentina’s government. The complainant requests according to the German- Argentina BIT, most-favored-nation treatment clause quoted more favorable treatment. however, Siemens to get the support of the arbitration tribunal, the wintershall company request has been rejected.The reason lies in the two cases of most-favored-nation treatment scope of the arbitration tribunal has different views, and "Germany- Argentina BIT" in the regulation of waiting period of local relief and the relationship between the investment in host countries agree to arbitration, the arbitration tribunal has it’s different understanding.