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This article aims to explore the implications of the most-favoured-nation clause on jurisdiction in international arbitration.

March 26, 2026

Interpretation of the Most-Favoured-Nation Clause in Investment Treaties: Jurisdictional Limits and Public Policy

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This article examines MFN clause limits in investment treaties, highlighting implications for jurisdictional interpretation.

This article aims to explore the implications of the most-favoured-nation clause on jurisdiction in international arbitration.
Analyzed investment arbitration practices
Reviewed approaches to the procedural operation of MFN clauses
Distinguished between conditions of protection and forum access
Examined public policy as a legal constraint
Identified inconsistencies in MFN clause applications
Highlighted the need for strict treaty interpretation
Showed how expansive MFN interpretation risks interfering with sovereign limits
Emphasized the importance for the Russian Federation's national interests

Dmitry Semenovich Belkin (2021) studied this question.

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