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Corruption and Fraud in Investment Arbitration

Procedural and Substantive Challenges

  • Book
  • © 2022

Overview

Authors:
  1. Adilbek Tussupov

    1. Frankfurt am Main, Germany

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  • Provides a comprehensive review of the issue of corruption and fraud in investment arbitration
  • Includes in-depth discussions on the problem of proving illegality in ISDS cases
  • Offers a detailed overview of arbitral tribunals' decision making on the allegations of illegality in ISDS cases

Part of the book series: European Yearbook of International Economic Law (EUROYEAR, volume 22)

Part of the book sub series: EYIEL Monographs - Studies in European and International Economic Law (EYIELMONO)

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Table of contents (12 chapters)

  1. Front Matter

    Pages i-xiii
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  2. Introduction

    • Adilbek Tussupov
    Pages 1-8

  3. Part I

    1. Front Matter

      Pages 9-9
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    2. Fraud and Corruption

      • Adilbek Tussupov
      Pages 11-18

    3. Legality Requirement as a Safeguard to Abuse

      • Adilbek Tussupov
      Pages 19-38

    4. Applicable Law for the Examination of Illicit Conduct

      • Adilbek Tussupov
      Pages 39-46

    5. Evidence and Proof

      • Adilbek Tussupov
      Pages 47-54

  4. Part II

    1. Front Matter

      Pages 55-56
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    2. Arbitral Tribunals Upholding Corruption and Fraud Arguments

      • Adilbek Tussupov
      Pages 57-97

    3. Arbitral Tribunals Not Upholding Corruption and Fraud Arguments

      • Adilbek Tussupov
      Pages 99-127

    4. Learned Lessons

      • Adilbek Tussupov
      Pages 129-141

  5. Part III

    1. Front Matter

      Pages 143-146
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    2. Difficulty of Proving Corruption and Fraud

      • Adilbek Tussupov
      Pages 147-166

    3. Consequences of Corruption for States

      • Adilbek Tussupov
      Pages 167-174

    4. Multilateral Investment Court?

      • Adilbek Tussupov
      Pages 175-178

    5. Conclusions

      • Adilbek Tussupov
      Pages 179-182

  6. Back Matter

    Pages 183-191
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Keywords

About this book

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.

Authors and Affiliations

  • Frankfurt am Main, Germany

    Adilbek Tussupov

About the author

​Dr. Adilbek Tussupov is a qualified lawyer from Kazakhstan with research interests in Public International Law, International Arbitration and International Trade. He is a certified mediator (CEDR, London) and an international investment arbitration practitioner. Adilbek obtained his bachelors in law degree from the KAZGUU University (Kazakhstan), his LL.M. degree from Europa-Institut of the Saarland University (Germany) and a doctorate degree (summa cum laude) from the Saarland University (Germany). Adilbek worked as an in-house legal counsel in private and state owned enterprises, as well as a lecturer in universities in Central Asia. Currently, he is a foreign lawyer with the International Arbitration group of Herbert Smith Freehills LLP in Frankfurt am Main, Germany. 

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