Corruption And Fraud In Investment Arbitration

Author : Adilbek Tussupov
Publisher : Springer Nature
ISBN 13 : 303090606X
Total Pages : 198 pages
Book Rating : 4.61/5 ( download)

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Download or read book Corruption and Fraud in Investment Arbitration written by Adilbek Tussupov and published by Springer Nature. This book was released on 2022-01-12 with total page 198 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 : Andrea Meier
Publisher : Kluwer Law International B.V.
ISBN 13 : 9403535350
Total Pages : 174 pages
Book Rating : 4.57/5 ( download)

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Download or read book Arbitration and Corruption written by Andrea Meier and published by Kluwer Law International B.V.. This book was released on 2021-07-12 with total page 174 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 : Aloysius P. Llamzon
Publisher : Oxford International Arbitrati
ISBN 13 : 9780198714262
Total Pages : 0 pages
Book Rating : 4.62/5 ( download)

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Download or read book Corruption in International Investment Arbitration written by Aloysius P. Llamzon and published by Oxford International Arbitrati. This book was released on 2014 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Author : Kathrin Betz
Publisher : Cambridge University Press
ISBN 13 : 1108417841
Total Pages : 363 pages
Book Rating : 4.46/5 ( download)

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Download or read book Proving Bribery, Fraud and Money Laundering in International Arbitration written by Kathrin Betz and published by Cambridge University Press. This book was released on 2017-08-31 with total page 363 pages. Available in PDF, EPUB and Kindle. Book excerpt: Analyses pertinent issues of applicable criminal law and evidence for alleged criminal conduct in international investment and commercial arbitration.

Author : Brody Greenwald
Publisher : BRILL
ISBN 13 : 9004410910
Total Pages : 99 pages
Book Rating : 4.16/5 ( download)

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Download or read book Addressing Corruption Allegations in International Arbitration written by Brody Greenwald and published by BRILL. This book was released on 2019-08-26 with total page 99 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 :
ISBN 13 : 9789284203109
Total Pages : 220 pages
Book Rating : 4.04/5 ( download)

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Download or read book Addressing Issues of Corruption in Commercial and Investment Arbitration written by Domitille Baizeau and published by . This book was released on 2015 with total page 220 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Author : Kristine Karsten
Publisher :
ISBN 13 : 9789041125804
Total Pages : 0 pages
Book Rating : 4.09/5 ( download)

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Download or read book Arbitration written by Kristine Karsten and published by . This book was released on 2003 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This collection of papers results from the proceedings of the 2002 Annual General Meeting of the ICC Institute of World Business Law."--Introduction.

Author : August Reinisch
Publisher : Cambridge University Press
ISBN 13 : 1108882706
Total Pages : 1633 pages
Book Rating : 4.05/5 ( download)

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Download or read book International Protection of Investments written by August Reinisch and published by Cambridge University Press. This book was released on 2020-07-16 with total page 1633 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book outlines the protection standards typically contained in international investment agreements as they are actually applied and interpreted by investment tribunals. It thus provides a basis for analysis, criticism, and stocktaking of the existing system of investment arbitration. It covers all main protection standards, such as expropriation, fair and equitable treatment, full protection and security, the non-discrimination standards of national treatment and MFN, the prohibition of unreasonable and discriminatory measures, umbrella clauses and transfer guarantees. These standards are covered in separate chapters providing an overview of textual variations, explaining the origin of the standards and analysing the main conceptual issues as developed by investment tribunals. Relevant cases with quotations that illustrate how tribunals have relied upon the standards are presented in depth. An extensive bibliography guides the reader to more specific aspects of each investment standard permitting the book's use as a commentary of the main investment protection standards.

Author : Kristine Karsten
Publisher : ICC Publishing
ISBN 13 :
Total Pages : 208 pages
Book Rating : 4.88/5 ( download)

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Download or read book Arbitration written by Kristine Karsten and published by ICC Publishing. This book was released on 2003 with total page 208 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This collection of papers results from the proceedings of the 2002 Annual General Meeting of the ICC Institute of World Business Law."--Introd.

Author : Chester Brown
Publisher : Cambridge University Press
ISBN 13 : 1139503618
Total Pages : 747 pages
Book Rating : 4.17/5 ( download)

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Download or read book Evolution in Investment Treaty Law and Arbitration written by Chester Brown and published by Cambridge University Press. This book was released on 2011-11-17 with total page 747 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.