Research On The Application Of Most-favoured-nation Treatment Clauses And Bilateral Investment Agreement Dispute Settlement

The MFN clause in the Bilateral Investment Treaties(BIT)only stipulates that it applies to substantive issues at an early stage.Afterwards,since the international arbitration dispute settlement mechanism ruled that the first most-favored-nation treatment can be expanded and applied to dispute settlement procedures,it has caused different opinions in the theoretical and practical circles.There are also supportive and opposition parties.When countries signed bilateral investment treaties,the scope of the applicable model did not clearly define the scope.Therefore,until now,each country has not made a rigorous definition of whether the MFN clause applies to dispute settlement procedures.So far,in the practice of investment treaty arbitration,the Chinese government has only two respondent cases as the respondent.The case of Ansung Housing Co.,Ltd.v.People's Republic of China was the first time that the Chinese government had been the victim of the case and won an arbitration.With China's rapid growth in investment and the attraction of foreign investment,the proportion of Chinese investors suing the host country and the Chinese government for arguing for international investment arbitration cases will increase.Under this circumstance,based on the current actual situation,it is of certain significance to strengthen the research and analysis of relevant cases.The author believes that in the current political and economic environment in our country,I believe that the MFN clause should not be applied to procedural matters.At the same time,the author also proposed to improve the bilateral investment agreement signed by China in the theoretical community.This article is divided into three parts The first part is mainly to outline the basic situation of the case.From the case of Ansung HousingCo.,Ltd.v.People's Republic of China,the case of Maffezini v.the Spanish government,the case of Salini v.the Jordanian government,the cause of the case was summed up,the case passed,the results were processed,and then the focus of the case was summarized.By analyzing and arranging the stipulations in the applicable BIT agreement on the application of most-favored-nation treatment clauses,the scope,exceptions,and conditions of most-favored-nation treatment clauses are summarized.Then it discusses the controversy over the scope of most-favoured-nation treatment in the practice of arbitration,and analyzes the prerequisites of the most-favored-nation treatment terms: "principle of similar rules" and "principle of optimal treatment".The third part is mainly the research conclusion and inspiration.Discuss the status quo of signing the BIT agreement with other countries in China and analyze the existing problems.They also proposed different proposals for existing agreements that have already entered into force and will be concluded in the future,and proposed that,from the perspective of China,restrictions on most-favored-nation treatment clauses should be applied to dispute settlement procedures.