Tag: MFN

Untapped Potential of MFN Clauses: an MFN clause to invoke another “more” MFN clause

By Danilo Ruggero Di Bella[1] On the premise that not all most-favoured-nation (MFN) clauses are created equal, this piece will explore whether it is possible to combine an MFN clause with a more favourable MFN clause contained in another treaty. The objective of doing so, would be to invoke another provision in that treaty (or… Read More Untapped Potential of MFN Clauses: an MFN clause to invoke another “more” MFN clause

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Unveiling Japan’s Modern BIT Policy: A Review of its Substantive Provisions

By Yosuke Iwasaki (Sidley Austin LLP) and Takashi Yokoyama (Tenzer Arrieta PLLC)[1] While Japan has signed 36[2] bilateral investment treaties (“BITs”) with predominantly capital importing countries, historically the Japanese government’s investment treaty policy has been veiled in secrecy. While some countries, such as the United States and India, have officially published their own model BITs,… Read More Unveiling Japan’s Modern BIT Policy: A Review of its Substantive Provisions

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