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).
Corruption and Fraud in Investment Arbitration
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.
Corruption in International Investment Arbitration
Corruption in International 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 in International Investment Arbitration write by Aloysius P. Llamzon. This book was released on 2014. Corruption in International Investment Arbitration available in PDF, EPUB and Kindle. This is the first comprehensive study of corruption in international investment arbitration. The book considers the limited effectiveness of efforts to combat transnational corruption in international law and the emergence of international investment arbitration as a singular means foreffective control of corruption within the international legal order. The case law on corruption by investment tribunals is studied exhaustively, jurisprudential trends are identified, and reforms aimed at enhancing the effectiveness and fairness of investment arbitration as a mechanism to combatcorruption are proposed.Divided into three parts, part I focus on the phenomenon of corruption in foreign investment and attempts at its control through international law. Part II analyses the available case law in international investment arbitration dealing with corruption. Llamzon identifies nine distinct trendsemerging from the case law and provides a table summarizing the key areas of corruption decision-making and each relevant tribunal's approach, which is an invaluable tool for practitioners engaging in "live" issues of corruption within arbitral proceedings. Part III reflects on the implications ofthese trends for both the "supply" and "demand" sides of corruption in international law, and proposes a integrative framework of decision for corruption issues in international investment arbitration.
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 and Illegality in Asian Investment Arbitration
Corruption and Illegality in Asian 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 Illegality in Asian Investment Arbitration write by Nobumichi Teramura. This book was released on . Corruption and Illegality in Asian Investment Arbitration available in PDF, EPUB and Kindle.
