Most Favored-Nation Clause

Promotion and protection of foreign investments is accomplished through equal treatment of the investors of each state involved. It is common for a bilateral investment treaty to include the most-favored-nation clause which entitles the investors from different states to the same treatment as most-favored nation is granted. However, since there is no standard formulation of the clause, its scope and application remain questionable. The issue is whether the most-favored-nation clause can be invoked with respect to procedural aspects, particularly in order to provide the investors with more favorable dispute settlement mechanism provided in the third-party treaty.
BITs contain different provisions on the forum in which investors can initiate