Addressing Corruption Allegations in International Arbitration
In: Brill Research Perspectives in International Law Ser.
Intro -- Contents -- Addressing Corruption Allegations in International Arbitration -- Abstract -- Keywords -- I Introduction -- II Despite Longstanding Efforts to Combat Corruption, It Remains Endemic in Much of the World -- III The Requirements for Establishing Corruption -- IV The Burden and Standard of Proof for Allegations of Corruption -- 4.1 The Burden of Proof Is on the Party Alleging Corruption -- 4.2 Most Courts and Tribunals Require More Compelling Evidence to Prove Corruption and Fraud -- 4.2.1 The Standard of Proof Applied by National Courts -- 4.2.2 The Standard of Proof Applied by International Courts and Tribunals -- 4.3 Corruption May Be Proved through Circumstantial (Rather than Direct) Evidence -- 4.4 Tribunals Have the Power to Draw Adverse Inferences against Either Party for Failing to Produce Evidence -- V From Theory to Practice: Proving Corruption in Investment Arbitration -- VI The Consequences of Corruption in International Arbitration -- 6.1 Retaliating against and Causing Damage to an Investor for Corrupt Reasons Would Violate the State's Obligation to Accord Fair and Equitable Treatment -- 6.2 Claims Arising out of Contracts Procured through Corruption or Concluded for Purposes of Paying Bribes Would Be Dismissed -- 6.3 Investments Made through Corruption Would Not Be Protected under Any Treaty and Would Not Give Rise to Valid Claims -- 6.4 Post-investment Corruption May Have Consequences for the Merits or Quantum of the Claims -- VII Objections Based on Attribution and Estoppel Where the State Does Not Prosecute the Alleged Corruption -- VIII Conclusion -- Bibliography.