{"title":"Dismantling the Safe Harbour: Solving the Evidentiary Problems in Corruption Allegations in Investor-State Arbitration","authors":"Shaw Shiuan Ong","doi":"10.2139/ssrn.3708186","DOIUrl":null,"url":null,"abstract":"By investigating the 32 investor-state arbitration cases where corruption was an issue, this paper illustrates the evidentiary problems in proving corruption in investor-state arbitration. These evidentiary challenges have led investor-state arbitration to become a safe harbour that countenances investments procured by corrupt conduct. To dismantle this safe harbour, the paper raises three evidentiary propositions, which hopefully, can assist future tribunals in assessing corruption allegations in a more principled manner. This paper was submitted to the Young Institute for Transnational Arbitration (ITA) Writing Competition in 2019, and was selected as one of the top three runner-up papers.","PeriodicalId":90732,"journal":{"name":"Stanford technology law review : STLR : an online high-technology law journal from Stanford Law School","volume":"100 1","pages":""},"PeriodicalIF":0.0000,"publicationDate":"2019-01-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":null,"platform":"Semanticscholar","paperid":null,"PeriodicalName":"Stanford technology law review : STLR : an online high-technology law journal from Stanford Law School","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.2139/ssrn.3708186","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"","JCRName":"","Score":null,"Total":0}
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Abstract
By investigating the 32 investor-state arbitration cases where corruption was an issue, this paper illustrates the evidentiary problems in proving corruption in investor-state arbitration. These evidentiary challenges have led investor-state arbitration to become a safe harbour that countenances investments procured by corrupt conduct. To dismantle this safe harbour, the paper raises three evidentiary propositions, which hopefully, can assist future tribunals in assessing corruption allegations in a more principled manner. This paper was submitted to the Young Institute for Transnational Arbitration (ITA) Writing Competition in 2019, and was selected as one of the top three runner-up papers.
本文通过对涉及腐败问题的32起投资者与国家仲裁案件的调查，阐述了投资者与国家仲裁中证明腐败的证据问题。这些证据方面的挑战导致投资者与国家之间的仲裁成为支持通过腐败行为获得投资的避风港。为了消除这个安全港，本文提出了三个证据命题，希望能帮助未来的法庭以更有原则的方式评估腐败指控。该论文参加了2019年杨格国际仲裁学院(Young Institute for Transnational Arbitration, ITA)写作大赛，并入选亚军前三名。
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