Corruption And Illegality In Asian Investment Arbitration PDF Download
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Author | : Nobumichi Teramura |
Publisher | : Springer |
Total Pages | : 0 |
Release | : 2024-03-27 |
Genre | : Business & Economics |
ISBN | : 9789819993024 |
Download Corruption and Illegality in Asian Investment Arbitration Book in PDF, ePub and Kindle
This open access book explores Asian approaches towards investment arbitration—a transnational procedure to resolve disputes between a foreign investor and a host state—setting it in the wider political economy and within domestic law contexts. It considers the extent to which significant states in Asia are, or could become, “rule makers” rather than “rule takers” regarding corruption and serious illegality in investor-state arbitration. Corruption and illegality in international investment are widely condemned in any society, but there remains a lack of consensus on the consequences, especially in investment arbitration. A core issue addressed is whether a foreign investor violating a host state’s law should be awarded protection of its investment, as per its contract with the host state and/or the applicable investment or trade agreement between the home state and the host state. Some suggest such protection would be unnecessary as the investor committed a crime in the host state, while others attempt to establish an equilibrium between the investor and the host state. Others claim to protect investment, invoking the sanctity of promises made. The book starts with a deep dive into economic and legal issues in corruption and investment arbitration and then explores the situation and issues in major countries in the region in detail. It is a useful reference point for lawyers, economists, investors, and government officials who are seeking comprehensive and up-to-date information on anti-bribery rules in Asian investment treaties. It is of particular interest to students and researchers in economics, finance, and law, who are undertaking new research relating to the multifaceted impacts of corruption.
Author | : Nobumichi Teramura |
Publisher | : Springer Nature |
Total Pages | : 463 |
Release | : |
Genre | : |
ISBN | : 9819993032 |
Download Corruption and Illegality in Asian Investment Arbitration Book in PDF, ePub and Kindle
Author | : Adilbek Tussupov |
Publisher | : Springer Nature |
Total Pages | : 198 |
Release | : 2022-01-12 |
Genre | : Law |
ISBN | : 303090606X |
Download Corruption and Fraud in Investment Arbitration Book in PDF, ePub and Kindle
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.
Author | : Brody Greenwald |
Publisher | : BRILL |
Total Pages | : 99 |
Release | : 2019-08-26 |
Genre | : Law |
ISBN | : 9004410910 |
Download Addressing Corruption Allegations in International Arbitration Book in PDF, ePub and Kindle
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.
Author | : Domitille Baizeau |
Publisher | : Kluwer Law International |
Total Pages | : 0 |
Release | : 2015 |
Genre | : Arbitration (International law) |
ISBN | : 9789041167057 |
Download Addressing Issues of Corruption in Commercial and Investment Arbitration Book in PDF, ePub and Kindle
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.
Author | : Aloysius P. Llamzon |
Publisher | : |
Total Pages | : |
Release | : 2014 |
Genre | : Electronic books |
ISBN | : 9780191808401 |
Download Corruption in International Investment Arbitration Book in PDF, ePub and Kindle
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.
Author | : Michaela S. Halpern |
Publisher | : |
Total Pages | : 21 |
Release | : 2018 |
Genre | : |
ISBN | : |
Download Corruption As a Complete Defense in Investment Arbitration Or Part of a Balance? Book in PDF, ePub and Kindle
This article examines the use of "unclean hands" and corruption as a defense in international investment arbitration using the infamous World Duty Free v Kenya arbitration in 2006 as a lens. By allowing for corruption to act as a complete defense, even when the "unclean hands" were on the part of both sides, allows for host States to be effectively rewarded for their corruption leaving the investor with their investment taken away and no recourse. How is it equitable to allow a State, whose illegal actions are more serious, to dismiss an investor's claim because of a comparatively minor illegality which was solicited from them? If two parties can act immorally and illegally in concluding a contract, there is merit to the argument that no court should aid one whose cause of action is based on an immoral or illegal act, ex dolo malo non oritur action. But corruption cases in investor-state disputes are rarely so black and white. This article proposes a paradigm shift to account for a more balanced approach.
Author | : Andrea Meier |
Publisher | : Kluwer Law International B.V. |
Total Pages | : 174 |
Release | : 2021-07-12 |
Genre | : Law |
ISBN | : 9403535350 |
Download Arbitration and Corruption Book in PDF, ePub and Kindle
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.
Author | : Richard H. Kreindler |
Publisher | : BRILL |
Total Pages | : 501 |
Release | : 2013-08-30 |
Genre | : Law |
ISBN | : 9004257551 |
Download Competence-Competence in the Face of Illegality in Contracts and Arbitration Agreements Book in PDF, ePub and Kindle
Competence-competence and corruption have, for different reasons, been mainstays of international dispute resolution thought and practice for the longest time. In the last few years, their intersection has become increasingly important and problematic. These lectures seek to define the problem and to provide acceptable solutions where possible. They attempt to derive support from both a stringent dogmatic approach and pragmatic attention to real-life expectations and conduct. More so than in other areas of private international law, the intersection between the powers of the arbitrator and the illegality of the subject matter or the parties’ conduct poses a particular challenge. That challenge is to postulate proper solutions under the law, including principles of transnational or international law, to conduct which can take on a multiplicity of appearances owing to conflicting cultural understandings of what is and is not legal in commercial life. The statement that bribery and corruption offend transnational or international public policy does not relieve the arbitrator from the burden of scrutinizing that statement doctrinally and exploring its consequences in a period of ever-increasing globalization of economic activity and investment.
Author | : Martin Jarrett |
Publisher | : Cambridge University Press |
Total Pages | : 207 |
Release | : 2019-07-11 |
Genre | : Law |
ISBN | : 110848140X |
Download Contributory Fault and Investor Misconduct in Investment Arbitration Book in PDF, ePub and Kindle
Often derided for its asymmetry, this book shows how investors can be held to account in international investment law.