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Corruption in International Investment Arbitration by Llamzon, Aloysius P (1st September 2014)

Part III Towards a Jurisprudence Constante in Investment Arbitration Decision-Making on Corruption, 9 Proving Corruption

From: Corruption in International Investment Arbitration

Aloysius P Llamzon

Corruption — Burden of proof — Standard of proof — International Court of Arbitration (ICC) — Law of treaties

This chapter discusses the challenge faced by arbitrators in proving corruption. The absence of an unbroken chain of facts leading to a morally certain conclusion that corruption did occur necessitates reliance on longstanding legal tools familiar to national and international courts and tribunals concerning rules of evidence on standards and burdens of proof, presumptions, and inferences.

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