MFN clause used to import the dispute resolution
clause providing for ICSID arbitration from the Turkmenistan / Switzerland BIT
into the Turkmenistan / UK BIT (which contained a clause agreeing that the
parties "may agree" to ICSID). Accordingly, ICSID took
jurisdiction on the basis of the implied consent of Turkmenistan. The
dissenting opinion came from the arbitrator appointed by the State.
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