The Corruption Defence and the Jurisdictional Consequences of Corruption Allegations in International Law and Investment Arbitration

Subject(s):

Corruption — International investment law — BITs (Bilateral Investment Treaties) — Arbitration

This chapter aims to provide both a holistic and detailed overview of the various arguments that both host States and investors can raise, each of which is assessed against a backdrop of established international legal principles. The author advocates for a return to the treaty language as the proper starting point, by placing renewed emphasis on the existence or absence of an explicit legality clause. Second, the author calls for an approach that takes into account the respective culpability of the parties involved.