Corruption in International Investment Arbitration

Author: Aloysius P Llamzon
Publisher: Oxford University Press
ISBN: 9780198714262
Published In: September 2014
Format: Hardback , 368 pages
Jurisdiction: International ? Disclaimer:
Countri(es) stated herein are used as reference only

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The first comprehensive study of corruption in international investment arbitration
Part II analyses all the available case law in international investment arbitration dealing with corruption, and identifies nine distinct trends emerging from the case law; this is coupled with a table summarizing the key areas of corruption decision-making and each relevant tribunal's approach
Part III reflects on the implications of trends for both the 'supply' and 'demand' sides of corruption in international law, and proposes an integrative framework of decision for corruption issues in international investment arbitration
Based on the authors award winning thesis which gained Yale Law School's Ambrose Gherini Prize, 2013 for best paper in the field of international law

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 for effective 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 combat corruption 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 trends emerging 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 of these 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.

Readership: Legal practitioners specialising in investment arbitration, public interest groups concerned with international investment law or anti-corruption, international bodies or organisations dealing with investment arbitration or anti-corruption, and government lawyers involved in representing their State in disputes. Academics, academic libraries and postgraduate students with an interest in international investment law, arbitration and public international law will also find the book of interest.

1: Introductory Chapter: Arbitrating Transnational Corruption
PART I: TRANSNATIONAL CORRUPTION AND INTERNATIONAL EFFORTS AT ITS CONTROL
2: The Nature of Transnational Corruption
3: A Typology of Corruption in Foreign Investment
4: International Efforts to Combat Corruption in Foreign Investment
PART II: THE JURISPRUDENCE ON CORRUPTION IN INTERNATIONAL INVESTMENT ARBITRATION: CASE AND TREND ANALYSIS
5: The Scope of Inquiry: Treaty vs. Contract 'Investment Arbitration'
6: The Cases
7: Emergent Trends
PART III: TOWARDS A JURISPRUDENCE CONSTANTE IN INVESTMENT ARBITRATION DECISION-MAKING ON CORRUPTION
8: Mere Corruption? On the Relectance to Decide Corruption Issues
9: Proving Corruption
11: Concluding Chapter: Legal and Policy Tentions Underlying Anti-Corruption Decision-making

Aloysius Llamzon, A.B., J.D. (Ateneo de Manila), LL.M., JSD (Yale Law School), is Legal Counsel at the Permanent Court of Arbitration in The Hague. Dr. Llamzon assists tribunals in inter-State, investment, and commercial arbitrations, including as Registrar or tribunal secretary. He is the Registrar of the Indus Waters Kishenganga Arbitration (Pakistan v. India). He was formerly an associate at the Hong Kong office of a leading U.S. law firm, a leading firm in Manila, and a lecturer in arbitration and international law at universities in Manila and Hague.