Author : Ayodeji Akindeire
Release : 2019
Genre :
Kind : eBook
Book Rating : /5 ( reviews)
Book Synopsis Corruption in Investor-State Arbitration by : Ayodeji Akindeire
Download or read book Corruption in Investor-State Arbitration written by Ayodeji Akindeire. This book was released on 2019. Available in PDF, EPUB and Kindle. Book excerpt: This paper will give a general background and overview of the subject matter of 'Corruption' in investor-state arbitration, including a critical examination of the standard and burden of proof in allegations of corruption and fraud in the underlying investment. Essentially, the main emphasis and arguments of this paper will focus on a very important and widely occurring but rarely discussed aspect of corruption in investor-state claim - which is the need for the tribunals to adopt a balanced approach in addressing the issue of corruption as it relates to both the investor and the host state. This is because a vast majority of Investor-State Dispute Settlement (ISDS) cases reveal that many tribunals tend to adopt a lope-sided approach whereby an investor bears the brunt by losing the protection afforded under a Bilateral Investment Treaty (BIT) whenever a host-state relies on corruption as a 'defense' to a claim, thereby undermining the involvement of the host state which is equally complicit in the alleged corrupt act(s). Many tribunals appear to ignore this glaring reality and even very little commentaries have been written on it in academic literatures. This paper further argues that both the investor and the host-state should be made to face the investment arbitration-specific consequences and neither party should be exculpated. Finally, this paper will also argue that there are a number of practicable ways through which a tribunal can castigate a host-state on allegations of corruption on its part or that of its official(s).
