Abstract

In a case of first impression, a tribunal at the International Centre for Settlement of Investment Disputes (ICSID) rejected Claimants' novel legal argument that the Most Favoured Nation (MFN) clause in Article II of the World Trade Organisation's General Agreement on Trade in Services (GATS) enabled Menzies Middle East and Africa S.A. (MMEA) to access the offers to arbitrate under the Senegal–Netherlands and the Senegal–United Kingdom bilateral investment treaties (BITs).

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