Titlebook: Corruption and Fraud in Investment Arbitration; Procedural and Subst Adilbek Tussupov Book 2022 The Editor(s) (if applicable) and The Autho

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Xing Xu,Jianzhong Wang,Haoran Wangs chapter analyses the current legal framework in investment arbitration for identifying applicable law for determination of corruption and fraud allegations by arbitral tribunals. It further displays what tools arbitral tribunals possess under different rules for establishing the law applicable to a dispute.

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er alia in the previous chapters. Particularly, the chapter speaks of (i) the investment tribunals’ ability to address corruption and fraud, (ii) the current trends of alleging illegality by States, (iii) the issues related to proving corruption and fraud in ISDS and (iv) possible consequences of proven corruption for State parties.

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ttempts to find the roots of the problem and makes certain proposals on addressing the problem. The chapter pays particular attention on the notion of red flags, the possibility of shifting or sharing the burden of proof and identification of the applicable standard of proof.

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Constructing a Cultural Trauma,This chapter provides overview of a number of investment arbitration disputes, in which arbitral tribunals upheld the allegations of fraud or corruption. A reader will be taken through the decision-making process of various arbitral tribunals in highly quoted ISDS cases, each of which will be completed with analysis from the author.

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