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Q8. “[T]he Claimant’s arguments can hardly be said to have been unreasonable, having been previously adopted by other tribunals even with respect to the Treaty at issue in this case. As such, while firmly convinced of its interpretation of Article 3 of the Treaty, the Tribunal is aware of the difficulty posed by the inconsistent jurisprudence on the interpretation of MFN clauses in investment treaties and their application to jurisdictional issues.”
- - ICS Inspection and Control Services Ltd v Argentine Republic (Award on Jurisdiction of 10 February 2012), para. 341.
Critically analyse the decisions and awards of investment tribunals on the MFN clause. Is there an emerging consensus on how they should be interpreted and applied?