Corruption And Fraud In Investment Arbitration

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Corruption And Fraud In Investment Arbitration

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Author : Adilbek Tussupov
language : en
Publisher: Springer Nature
Release Date : 2022-01-12

Corruption And Fraud In Investment Arbitration written by Adilbek Tussupov and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-01-12 with Law categories.

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

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Author : Kristine Karsten
language : en
Publisher:
Release Date : 2003

Arbitration written by Kristine Karsten and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2003 with Arbitrage (Droit international privé) categories.

"This collection of papers results from the proceedings of the 2002 Annual General Meeting of the ICC Institute of World Business Law."--Introduction.

Addressing Corruption Allegations In International Arbitration

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Author : Brody Greenwald
language : en
Publisher: BRILL
Release Date : 2019-08-26

Addressing Corruption Allegations In International Arbitration written by Brody Greenwald and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-08-26 with Law categories.

In Addressing Corruption Allegations in International Arbitration, Brody K. Greenwald and Jennifer A. Ivers provide a comprehensive overview of the key issues that arise in international arbitrations involving allegations of corruption by drawing upon their significant experience in these high-stakes cases, including in the only two reported investment treaty cases dismissed specifically as a result of corruption. Their monograph is a valuable resource that analyzes, among other things, the public policy against corruption, the requirements for establishing corruption, issues relating to the burden and standard of proof, how corruption has been proved in practice, and the legal consequences where corruption is established. Mr. Greenwald and Ms. Ivers also assess issues that arise where a sovereign State raises an arbitration defense based on alleged corruption, but does not prosecute the alleged wrongdoers in its domestic courts.

Proving Bribery Fraud And Money Laundering In International Arbitration

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Author : Kathrin Betz
language : en
Publisher: Cambridge University Press
Release Date : 2017-08-31

Proving Bribery Fraud And Money Laundering In International Arbitration written by Kathrin Betz and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-08-31 with Business & Economics categories.

Analyses pertinent issues of applicable criminal law and evidence for alleged criminal conduct in international investment and commercial arbitration.

Corruption In International Investment Arbitration

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Author : Aloysius P. Llamzon
language : en
Publisher: Oxford International Arbitrati
Release Date : 2014

Corruption In International Investment Arbitration written by Aloysius P. Llamzon and has been published by Oxford International Arbitrati this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014 with Law categories.

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.

Corruption And Fraud In Investment Arbitration

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Author : Adilbek Tussupov
language : en
Publisher:
Release Date : 2022

Corruption And Fraud In Investment Arbitration written by Adilbek Tussupov and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022 with categories.

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.

Evolution In Investment Treaty Law And Arbitration

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Author : Chester Brown
language : en
Publisher: Cambridge University Press
Release Date : 2011-11-17

Evolution In Investment Treaty Law And Arbitration written by Chester Brown and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-11-17 with Law categories.

International investment law is in a state of evolution. With the advent of investor-State arbitration in the latter part of the twentieth century - and its exponential growth over the last decade - new levels of complexity, uncertainty and substantive expansion are emerging. States continue to enter into investment treaties and the number of investor-State arbitration claims continues to rise. At the same time, the various participants in investment treaty arbitration are faced with increasingly difficult issues concerning the fundamental character of the investment treaty regime, the role of the actors in international investment law, the new significance of procedure in the settlement of disputes and the emergence of cross-cutting issues. Bringing together established scholars and practitioners, as well as members of a new generation of international investment lawyers, this volume examines these developments and provides a balanced assessment of the challenges being faced in the field.

Civil Law Convention On Corruption

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Author : Council of Europe
language : fr
Publisher: Council of Europe
Release Date : 1999-01-01

Civil Law Convention On Corruption written by Council of Europe and has been published by Council of Europe this book supported file pdf, txt, epub, kindle and other format this book has been release on 1999-01-01 with Political Science categories.

The Function Of Equity In International Law

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Author : Catharine Titi
language : en
Publisher: Oxford University Press
Release Date : 2021-06-11

The Function Of Equity In International Law written by Catharine Titi and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-06-11 with Law categories.

This book provides a systematic and comprehensive study of the legal concept of equity as it operates in contemporary international law. A principle with a long pedigree, equity has been present in legal thought and in municipal legal systems since antiquity. Introduced in international legal decisions through claims commissions and arbitral tribunals, equity became progressively part and parcel of the international law mainstream. From international cultural heritage law to the law on climate change, from maritime boundary delimitations to decisions on security for costs in investment arbitration, the relevance of equity is more far-reaching than has previously been acknowledged. In contrast with earlier studies on the topic, this book is informed by a body of judicial and arbitral case law that has never been so substantial and varied. It also draws extensively on the prolific case law of investment tribunals, gaining insights from a valuable source that is typically overlooked in public international law scholarship. As the importance of international law increases, covering continuously new domains, the value of equity increases with it. It is this new equity in the international law of the 21st century that this book explores.

Contractual Renegotiations And International Investment Arbitration

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Author : Aikaterini Florou
language : en
Publisher: BRILL
Release Date : 2020-03-02

Contractual Renegotiations And International Investment Arbitration written by Aikaterini Florou and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-03-02 with Law categories.

In Contractual Renegotiations and International Investment Arbitration, Aikaterini Florou explores the sensitive issues of renegotiating state contracts and the relationship between those contracts and the overarching international investment treaties. By introducing novel insights from economics, the author deconstructs the contract-treaty interaction, demonstrating that it is not only treaties that impact the underlying contracts, but also that those contracts have an effect on the way the open-textured treaty standards are interpreted. The originality of the argument is combined with an innovative interpretative methodology based on relational contract theory and transaction cost economics. Departing from the traditional emphasis of international lawyers on the text of investment contracts, Florou shows instead that such contracts are first and foremost “economic animals” and the theory of obsolescing bargaining does not paint a full picture of the contract-treaty interaction.