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EN
Despite the spread of the common law system to many countries over the centuries, the Arab World had remained outside of its range, but this changed a few years ago with the creation of new financial hubs in the Gulf States. Those are based on common law jurisdiction, and this article examines common law functioning in United Arab Emirates free zones set up to attract foreign investments in the financial sector.
EN
The article presents an analysis of the most favoured nation (MFN) clause in the Energy Charter Treaty (ECT) as an instrument aimed at protecting relations between states and investors. The author examines the decisions of arbitration courts and compares ECT provisions with those included in bilateral investment treaties. Focusing on the recently much discussed question of resorting to the clause in order to safeguard more favorable jurisdiction rooted in another treaty, he points to a measure that could be helpful in resolving the ongoing dispute in the doctrine.
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