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Jo C.
Jo C., Barrister
Category: Law
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Experience:  Over 5 years in practice
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Can a MOST FAVORED NATION clause in a BIT expand to reach a

Customer Question

Can a MOST FAVORED NATION clause in a BIT expand to reach a settlement dispute? when it comes to the foreign investor he always prefer the arbitration path ,however, in contrast the host sate often prefer to suit the foreign investor in it demos tic court.
Submitted: 2 years ago.
Category: Law
Expert:  UKSolicitorJA replied 2 years ago.
-Could you explain your situation a little more?
Customer: replied 2 years ago.

Before explaining the question I need first to say the reason behind asking the question ,which is a final project in the law school in the UK.

my question is "Do foreign investor under MFN clause could benefit from the clause to reach the procedures ?

for example : if I have an investment in the UK (and I carry the Saudi nationality ) and there was a BIT between the UK-Saudi Arabia that one of the conditions is applying the MFN clause between the parties , if any dispute occur during my investment in the UK ,and in the original BIT that between my company and the UK company that settling a dispute should be in the domestic court which is in the case the Britain court , whether I can take advantage of having a MFN clause to reach the procedure by resorting to a third party that treated better in procedure (this party resort to arbitration rather to the demos tic court)

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