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Corruption and Fraud in Investment Arbitration: Procedural and Substantive Challenges

Corruption and Fraud in Investment Arbitration: Procedural and Substantive Challenges

Corruption and Fraud in Investment Arbitration: Procedural and Substantive Challenges

Author: Adilbek Tussupov
Publisher: Springer-Verlag
ISBN: 9783030906085

Published In: January 2023
Format: Paperback
Jurisdiction: Switzerland ? Disclaimer:
Countri(es) stated herein are used as reference only
Hardback Edition ISBN: 9783030906054

HKD 1,462.00

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Description
Contents

Details

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.

Part I. Legal Framework

Fraud and Corruption

Legality Requirement as a Safeguard to Abuse

Applicable Law for the Examination of Illicit Misconduct

Evidence and Proof

Part II. Current Arbitral Practice in the context of Corruption and Fraud

Arbitral Tribunals upholding Corruption and Fraud Arguments

Arbitral Tribunals Not Upholding Corruption and Fraud Arguments

Learned Lessons

Part III. Challenges & Solutions

Difficulty of Proving Corruption and Fraud

Consequences of Corruption for States

Multilateral Investment Court?

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