Part II The Jurisprudence on Corruption in International Investment Arbitration: Case and Trend Analysis, 7 Emergent Trends
Aloysius P Llamzon
- Corruption — Investment ‘in accordance with host state law’ — Investor — International Centre for Settlement of Investment Disputes
This chapter identifies nine trends that have emerged from the two decades of arbitral treatment of corruption issues by investment tribunals. Among these are that corruption cases are almost never outcome-determinative; corruption is raised almost three times as much by host States as by investors, and often invoked by host States as a complete defence against all investor claims; investors raise corruption less frequently and have never successfully secured a corruption finding; and that the treatment of corruption issues varies according to who is making the allegation; and this asymmetry has real implications on the outcome of cases.