Corruption In International Investment Arbitration
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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: 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.
The Transnationalization Of Anti Corruption Law
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Author : Régis Bismuth
language : en
Publisher: Taylor & Francis
Release Date : 2021-05-27
The Transnationalization Of Anti Corruption Law written by Régis Bismuth and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-05-27 with Law categories.
The last twenty years have witnessed an astonishing transformation: the fight against corruption has grown from a handful of local undertakings into a truly global effort. Law occupies a central role in that effort and this timely book assesses the challenges faced in using law as it too morphs from a handful of local rules into a global regime. The book presents the perspectives of a global array of scholars, of policy makers, and of practitioners. Topics range from critical theoretical understandings of the global regime as a whole, to regional and local experiences in implementing and influencing the regime, including specific legal techniques such as deferred prosecution agreements, addressing corruption issues in dispute resolution, whistleblower protection, civil and administrative prosecutions, as well as blocking statutes. The book also includes discussions of the future shape of the global regime, the emergence of transnational compliance standards, and discussions by leaders of international organizations that take a leading role in the transnationalization of anti-corruption law. The Transnationalization of Anti-Corruption Law deals with the most salient aspects of the global anti-corruption regime. It is written by people who contribute to the structure of the regime, who practice within the regime, and who study the regime. It is written for anyone interested in corruption or corruption control in general, anyone with a general interest in jurisprudence or in international law, and especially anyone who is interested in critical thinking and analysis of how law can control corruption in a global context.
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.
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.
Foreign Investor Misconduct In International Investment Law
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Author : Anna Kozyakova
language : en
Publisher: Springer Nature
Release Date : 2020-11-12
Foreign Investor Misconduct In International Investment Law written by Anna Kozyakova and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-11-12 with Law categories.
This book examines the issue of foreign investor misconduct in modern international investment law, focusing on the approach that international investment law as it currently operates has developed towards foreign investor misconduct. The term ‘misconduct’ is not a legal notion, but is used to describe a certain phenomenon, namely, a group/class of actions. This term is convenient since it makes it possible to introduce and describe the phenomenon as such, without a division into concrete types of conduct, like ‘abuse of process’, ‘violation of national law’, ‘corruption’, ‘investment contrary to international norms and standards’, etc. The term ‘misconduct’ is intended to embrace various kinds of conduct on the part of foreign investors that the system of international investment law does not accept – such as that which it regards as illegal, against public policy, or otherwise inappropriate – and triggers legal consequences. Rarely, however, does international investment law clearly articulate what it considers unacceptable investor conduct, and certainly not in any systematic fashion. As such, this book addresses the following questions: What types of investors’ conduct are legally unacceptable? What mechanisms are available to deal with unacceptable investors’ conduct, and what are the legal consequences?
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.
The Backlash Against Investment Arbitration
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Author : Michael Waibel
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2010-01-01
The Backlash Against Investment Arbitration written by Michael Waibel 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 2010-01-01 with Law categories.
"This book, the outgrowth of a conference organized by the editors at Harvard Law School on April 19, 2008, aims to uncover the drivers behind the backlash against the current international investment regime."--Library of Congress Online Calalog.
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.
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.