Transnational Corruption in International Investment Arbitration

Hardcover | October 29, 2014

byAloysius P. Llamzon

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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.

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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 internat...

Aloysius Llamzon, A.B., J.D. (Ateneo de Manila), LL.M., JSD (Yale Law School), is Legal Counsel at the Permanent Court of Arbitration in The Hague. He has assisted numerous tribunals in inter-State, investment treaty, and commercial arbitrations involving States in proceedings conducted at the Peace Palace and elsewhere, including as ...
Format:HardcoverDimensions:416 pages, 9.69 × 6.73 × 0.1 inPublished:October 29, 2014Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0198714262

ISBN - 13:9780198714262

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Table of Contents

Transnational Corruption and International Efforts at Control1. The Nature of Transnational Corruption2. A Typology of Corruption in Foreign Investment3. International Efforts to Combat Corruption in Foreign InvestmentArbitral Jurisprudence on Corruption in Foreign Investment: Case and Trend Analysis4. The Scope of Inquiry: the treaty vs. contract dichotomy in 'international investment arbitration'5. The Cases6. Emergent TrendsMere Corruption? Towards a fair and effective arbitral Regime for arbitrating corruption in foreign investment7. Arbitrating at Shadows: Myth and Reality in decision-making concerning corruption8. International Responsibility for Corruption: The Attribution Asymmetry9. Towards a Jurisprudence Constante: Identifying the Policy Tensions Underlying Anti-Corruption Decision-making in International Investment Arbitration