Corruption and Fraud in Investment Arbitration: Procedural and Substantive Challenges

Arbitration / Mediation / Litigation › Litigation & Dispute Resolution

Corruption and Fraud in Investment Arbitration: Procedural and Substantive Challenges

By Adilbek Tussupov
Springer-Verlag January 2023

Specifications

ISBN-13
9783030906085
Publisher
Springer-Verlag
Publication
January 2023
Format
Paperback
Jurisdiction
Switzerland ? Countri(es) for reference only

Also available as

Hardback

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.

Table of Contents

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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