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Crime in International Investment Arbitration

  • Krista Nadakavukaren ScheferEmail author
Living reference work entry

Abstract

While profit and power are great motivators, sometimes those that pursue them exceed the bounds of legality to do so. That means that there is a good possibility that some investment activities are against the law. This chapter recounts the developments occurring in the thinking about crime in international investment arbitration and suggests that a further attention needs to be given to investor claims of corruption and corruption-related crimes to ensure that treaty-based investment arbitration remains substantively and procedurally fair for all stakeholders. The chapter further sets out the types of crimes arbitrators are facing in the cases they are hearing and the general international law instruments addressing them. The chapter also reviews the current arbitral practice in relation to crime and points out where there are efforts to take on this problematic in a more systematic way.

Keywords

Corruption Crime Bribery Fraud Money laundering Illegality Illegality defense Isds Arbitration Jurisdiction Admissibility Merits Equity 

Copyright information

© Springer Nature Singapore Pte Ltd. 2020

Authors and Affiliations

  1. 1.Swiss Institute of Comparative LawLausanneSwitzerland

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