2019 Reports

如何限制滥用协定

de Stefano, Carlo

Investors’ treaty-shopping continues to represent a source of unpredictability regarding issues of jurisdiction and/or admissibility before arbitral tribunals. States should consider effectively solving this through apposite treaty provisions. Such clauses would include definitions of corporate investors requiring substantial business activities in the home State, denial-of-benefits and carve-out of dispute-settlement issues from MFN treatment.