Kluwer: When Tariffs Become Treaty Claims: Can U.S. Trade Measures Trigger Investor-State Arbitration?

Published on May 25, 2026

In September 2025, Roberto Castro de Figueiredo argued on this Blog that President Trumpโ€™s reciprocal tariffs could distort competition among multinationals investing in the U.S. and thereby trigger most-favoured-nation (โ€œMFNโ€) concerns under U.S. investment treaties. That intervention was timely and important.

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