Corruption And Illegality In Asian Investment Arbitration
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Corruption And Illegality In Asian Investment Arbitration
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Author : Nobumichi Teramura
language : en
Publisher: Springer Nature
Release Date :
Corruption And Illegality In Asian Investment Arbitration written by Nobumichi Teramura and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on with categories.
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.
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 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.
International Investment Treaties And Arbitration Across Asia
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Author : Julien Chaisse
language : en
Publisher: BRILL
Release Date : 2018-02-05
International Investment Treaties And Arbitration Across Asia written by Julien Chaisse and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-02-05 with Law categories.
International Investment Treaties and Arbitration Across Asia examines whether and how the Asian region has or may become a significant ‘rule maker’ in contemporary international investment law and dispute resolution, focusing on the ‘ASEAN+6’ economies.
Arbitration And Corruption
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Author : Andrea Meier
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2021-07-12
Arbitration And Corruption written by Andrea Meier and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-07-12 with Law categories.
Corruption is one of the main obstacles to sustainable development and has a significant negative impact on a country’s productivity. In this book, which reproduces the transcribed presentations and lively discussions at the 2019 Annual Conference of the Swiss Arbitration Association (ASA), four panels including internationally known arbitration practitioners, criminal lawyers and accountants exchange views on the causes, costs, and impacts of corruption not only on society but also on the arbitral process and the arbitral profession. Among the many facets of corruption, the contributors address the following: legal framework of corruption and applicable law; cost of corruption from an economic perspective; jurisdiction and the arbitrability of issues of corruption; aspects of corruption that are specific to arbitration in specific business sectors; cases involving corrupt arbitrators, experts, and witnesses; establishing correctness or incorrectness of suspicion of corruption; bringing issues of corruption before the parties; and judicial scrutiny of corruption-tainted arbitral awards at the setting aside and enforcement stage. The authors, all of them prominent in representing the full range of business sectors active in international arbitration, provide matchless practical guidance in dealing with challenges associated with corruption in arbitration. Among much else, they deal with ‘red flags’ likely to indicate suspicious relationships, effective strategies to employ when confronted with a corruption-tainted contract and reporting suspicion of corruption and the related risk of personal liability. All of this invaluable material will be greatly appreciated by practising arbitrators, corporate counsel, arbitration institutions, and concerned academics.
Dealing With Bribery And Corruption In International Commercial Arbitration
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Author : Emmanuel Obiora Igbokwe
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2023-01-10
Dealing With Bribery And Corruption In International Commercial Arbitration written by Emmanuel Obiora Igbokwe and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-01-10 with Law categories.
International Arbitration Law Library, Volume 65 International commercial arbitration is by no means free from bribery and corruption. Although a plethora of legal scholarship clearly affirms this contention, a thorough study on the particularly important question of the authority and duty of international commercial arbitrators to investigate a suspicion or indication of bribery or corruption sua sponte ¬– that is, on their own initiative – has been surprisingly lacking. This important book fills this gap, inter alia, by locating sua sponte authority in the position of arbitral tribunals in establishing the facts of a case and ascertaining and applying the applicable normative standards. In addition to providing a comprehensive examination of how the issue of bribery and corruption is dealt with in contemporary international commercial arbitration, the book also highlights the role of arbitrators in global efforts to combat transnational commercial bribery and corruption. Among others, the following critical issues are thoroughly investigated: arbitrability of issues of public interests; intermediary contracts; role of arbitrators in the fact-finding process; party autonomy versus overriding mandatory rules; iura novit curia in international commercial arbitration in the context of bribery and corruption; notion of transnational (or ‘truly international’) public policy; arbitrators’ duty to act as guardians of international commerce; investigative tools available to arbitrators; dealing with manifestly recalcitrant parties; possible consequences of violating the obligation to sua sponte investigate; and the view from developing countries. The analysis leans primarily on Swiss law, as Switzerland is one of the most important jurisdictions in international commercial arbitration; Switzerland has also been involved in some of the most famous and controversial arbitration cases wherein bribery and corruption became an issue. However, the study also includes a comparative analysis of the relevant laws, jurisprudence, and doctrine of other major arbitration venues, particularly England, France, and Germany. Not only in the light it sheds on how and whether international commercial arbitrators have hitherto justified the trust States have placed in them regarding the protection of the public interests but also in the practical solutions it offers arbitrators faced with issues of bribery and corruption, this deeply researched book equips arbitration practitioners and arbitration institutions with a hitherto lacking in-depth analysis on the question of sua sponte investigation. It also provides invaluable insights on how this issue might affect the future, legitimacy and expansion of this dispute settlement mechanism. Outside the field of arbitration, the book also provides jurists, legal scholars, in-house counsel for companies doing transnational business and public officials with highly enlightening perspectives on the interaction between international commercial arbitration and public interests.
Corruption In International Investment Arbitration
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Author : Aloysius P. Llamzon
language : en
Publisher:
Release Date : 2014
Corruption In International Investment Arbitration written by Aloysius P. Llamzon and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014 with Electronic books categories.
This text presents a study on 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.
Addressing Issues Of Corruption In Commercial And Investment Arbitration
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Author : Domitille Baizeau
language : en
Publisher: Kluwer Law International
Release Date : 2015
Addressing Issues Of Corruption In Commercial And Investment Arbitration written by Domitille Baizeau and has been published by Kluwer Law International this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015 with Arbitration (International law) categories.
The Impact of Corruption on "Gateway Issues" of Arbitrability, Jurisdiction, Admissibility and Procedural Issues /Yas Banaiftemi --On Corruption's Peremptory Treatment in International Arbitration /Aloysius P. Llamzon --Corruption Issues in the Jurisdictional Phase of Investment Arbitrations /Hiroyuki Tezuka --Standards of Proof for Allegations of Corruption in International Arbitration /Vladimir Kvhalei --Proving Corruption in International Arbitration /Andrea J. Menaker and Brody K. Greenwald --Corruption and Arbitration /Sébastien Besson --Addressing Allegations and Findings of Corruption /Nassib G. Ziadé --Corruption in Arbitration /Thomas K. Sprange QC --Arbitrators' Investigative and Reporting Rights and Duties on Corruption /Edoardo Marcenaro --The Common Law Consequences and Effects of Allegations or a Positive Finding of Corruption /Matthew Gearing QC and Roanna Kwong --The Effects of a Positive Finding of Corruption /Juan Fernández-Armesto --Raising Corruption as a Defence in Investment Arbitration /Sophie Nappert --Consequences and Effects of Allegations or of a Positive Finding of Corruption /Carita Wallgren-Lindholm --Concluding Remarks: Corruption and International Arbitration /Richard Kreindler.
Foreign Investment And Investment Arbitration In Asia
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Author : Carlos Esplugues Mota
language : en
Publisher:
Release Date : 2019
Foreign Investment And Investment Arbitration In Asia written by Carlos Esplugues Mota and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019 with Arbitration agreements, Commercial categories.
This book brings together foreign investment and investment arbitration in Asia, the fastest growing economic region in the world. It provides a critical analysis of foreign investment, its benefits and the legal regimes of the jurisdictions studied at a time when investor-state disputes are on the rise and investment arbitration is under growing scrutiny. Governments are under greater pressure to balance the promotion of investment with public policy development and interests and calls for a permanent court for investment arbitration are getting louder. To assess future possibilities, this book takes stock of, brings together and analyses the legal regimes on foreign investment in 12 major Asian jurisdictions, namely China, Hong-Kong, India, Indonesia, Japan, South Korea, Malaysia, Myanmar, Philippines, Singapore, Thailand and Vietnam. These constitute paradigmatic examples of what is happening in the legal framework of Asian foreign investment and the impact that the current system of investment arbitration has in all of them. The analysis shows the existence of changing positions and degrees of openness towards foreign investment in the region, as well as a distinct level of exposure to and involvement in investment arbitration. Predictably, their situation will change in the near future, at least in relation to investment arbitration. Proposals for reform have already been made and international institutions are working on the development of an alternative to the proceedings of investment arbitration as it is currently constructed and understood. Consequently, the last two chapters of this book are devoted to the analysis of these developments that will most probably affect the existing situation in the region.
Contributory Fault And Investor Misconduct In Investment Arbitration
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Author : Martin Jarrett
language : en
Publisher: Cambridge University Press
Release Date : 2019-07-11
Contributory Fault And Investor Misconduct In Investment Arbitration written by Martin Jarrett 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 2019-07-11 with Law categories.
Often derided for its asymmetry, this book shows how investors can be held to account in international investment law.