Corruption and Fraud in Investment Arbitration - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Corruption and Fraud in Investment Arbitration write by Adilbek Tussupov. This book was released on 2022-01-12. Corruption and Fraud in Investment Arbitration available in PDF, EPUB and Kindle. This book offers an exciting overview of how the investor-state dispute settlement mechanism currently deals with allegations and/or evidence of fraud and corruption. It provides a detailed analysis of the legal framework under which arbitral tribunals usually operate in investment disputes involving allegations of illegality. Readers will find step-by-step examinations of the corruption and fraud arguments employed by arbitral tribunals in ten landmark ISDS cases, followed by a chapter summarizing the status quo on the topic. The final part of the book discusses the identified challenges of addressing illegality issues in investment arbitration and potential solutions, including the creation of a multilateral investment court.
Arbitration and Corruption
Arbitration and Corruption - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Arbitration and Corruption write by Andrea Meier. This book was released on 2021-07-12. Arbitration and Corruption available in PDF, EPUB and Kindle. Corruption is one of the main obstacles to sustainable development and has a significant negative impact on a country’s productivity. In this book, which reproduces the transcribed presentations and lively discussions at the 2019 Annual Conference of the Swiss Arbitration Association (ASA), four panels including internationally known arbitration practitioners, criminal lawyers and accountants exchange views on the causes, costs, and impacts of corruption not only on society but also on the arbitral process and the arbitral profession. Among the many facets of corruption, the contributors address the following: legal framework of corruption and applicable law; cost of corruption from an economic perspective; jurisdiction and the arbitrability of issues of corruption; aspects of corruption that are specific to arbitration in specific business sectors; cases involving corrupt arbitrators, experts, and witnesses; establishing correctness or incorrectness of suspicion of corruption; bringing issues of corruption before the parties; and judicial scrutiny of corruption-tainted arbitral awards at the setting aside and enforcement stage. The authors, all of them prominent in representing the full range of business sectors active in international arbitration, provide matchless practical guidance in dealing with challenges associated with corruption in arbitration. Among much else, they deal with ‘red flags’ likely to indicate suspicious relationships, effective strategies to employ when confronted with a corruption-tainted contract and reporting suspicion of corruption and the related risk of personal liability. All of this invaluable material will be greatly appreciated by practising arbitrators, corporate counsel, arbitration institutions, and concerned academics.
Addressing Corruption Allegations in International Arbitration
Addressing Corruption Allegations in International Arbitration - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Addressing Corruption Allegations in International Arbitration write by Brody Greenwald. This book was released on 2019-08-26. Addressing Corruption Allegations in International Arbitration available in PDF, EPUB and Kindle. In Addressing Corruption Allegations in International Arbitration, Brody K. Greenwald and Jennifer A. Ivers draw upon their experience in international arbitrations involving allegations of corruption to provide a comprehensive overview of the key issues that arise in these high-stakes cases.
Corruption in Investor-State Arbitration
Corruption in Investor-State Arbitration - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Corruption in Investor-State Arbitration write by Ayodeji Akindeire. This book was released on 2019. Corruption in Investor-State Arbitration available in PDF, EPUB and Kindle. This paper will give a general background and overview of the subject matter of 'Corruption' in investor-state arbitration, including a critical examination of the standard and burden of proof in allegations of corruption and fraud in the underlying investment. Essentially, the main emphasis and arguments of this paper will focus on a very important and widely occurring but rarely discussed aspect of corruption in investor-state claim - which is the need for the tribunals to adopt a balanced approach in addressing the issue of corruption as it relates to both the investor and the host state. This is because a vast majority of Investor-State Dispute Settlement (ISDS) cases reveal that many tribunals tend to adopt a lope-sided approach whereby an investor bears the brunt by losing the protection afforded under a Bilateral Investment Treaty (BIT) whenever a host-state relies on corruption as a 'defense' to a claim, thereby undermining the involvement of the host state which is equally complicit in the alleged corrupt act(s). Many tribunals appear to ignore this glaring reality and even very little commentaries have been written on it in academic literatures. This paper further argues that both the investor and the host-state should be made to face the investment arbitration-specific consequences and neither party should be exculpated. Finally, this paper will also argue that there are a number of practicable ways through which a tribunal can castigate a host-state on allegations of corruption on its part or that of its official(s).
Proving Bribery, Fraud and Money Laundering in International Arbitration
Proving Bribery, Fraud and Money Laundering in International Arbitration - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Proving Bribery, Fraud and Money Laundering in International Arbitration write by Kathrin Betz. This book was released on 2017-08-31. Proving Bribery, Fraud and Money Laundering in International Arbitration available in PDF, EPUB and Kindle. Analyses pertinent issues of applicable criminal law and evidence for alleged criminal conduct in international investment and commercial arbitration.
