Corruption and Fraud in Investment Arbitration

1. Front Matter

   Pages i-xiii

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2. Introduction

   • Adilbek Tussupov

   Pages 1-8

3. Part I

   1. Front Matter

      Pages 9-9

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   2. Fraud and Corruption

      • Adilbek Tussupov

      Pages 11-18

   3. Legality Requirement as a Safeguard to Abuse

      • Adilbek Tussupov

      Pages 19-38

   4. Applicable Law for the Examination of Illicit Conduct

      • Adilbek Tussupov

      Pages 39-46

   5. Evidence and Proof

      • Adilbek Tussupov

      Pages 47-54

4. Part II

   1. Front Matter

      Pages 55-56

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   2. Arbitral Tribunals Upholding Corruption and Fraud Arguments

      • Adilbek Tussupov

      Pages 57-97

   3. Arbitral Tribunals Not Upholding Corruption and Fraud Arguments

      • Adilbek Tussupov

      Pages 99-127

   4. Learned Lessons

      • Adilbek Tussupov

      Pages 129-141

5. Part III

   1. Front Matter

      Pages 143-146

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   2. Difficulty of Proving Corruption and Fraud

      • Adilbek Tussupov

      Pages 147-166

   3. Consequences of Corruption for States

      • Adilbek Tussupov

      Pages 167-174

   4. Multilateral Investment Court?

      • Adilbek Tussupov

      Pages 175-178

   5. Conclusions

      • Adilbek Tussupov

      Pages 179-182

6. Back Matter

   Pages 183-191

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This book offers an exciting overview of how the investor-state dispute settlement mechanism currently deals with allegations and/or evidence of fraud and corruption. It provides a detailed analysis of the legal framework under which arbitral tribunals usually operate in investment disputes involving allegations of illegality. Readers will find step-by-step examinations of the corruption and fraud arguments employed by arbitral tribunals in ten landmark ISDS cases, followed by a chapter summarizing the status quo on the topic. The final part of the book discusses the identified challenges of addressing illegality issues in investment arbitration and potential solutions, including the creation of a multilateral investment court.

• International Investment Arbitration
• ISDS
• Investor State Dispute Settlement
• Corruption in Investment Arbitration
• Fraud in Investment Arbitration
• Legality Requirement
• Compliance Clause
• In accordance with the law
• Illegality in Investment Arbitration
• Corruption and Fraud
• World Duty Free Kenya
• Spentex Uzbekistan
• Metal-Tech Uzbekistan
• Churchill Mining Indonesia
• Sanum Laos
• Red Flags Arbitration
• Multilateral Investment Court
• Illegality Defense

• Frankfurt am Main, Germany

  Adilbek Tussupov

​Dr. Adilbek Tussupov is a qualified lawyer from Kazakhstan with research interests in Public International Law, International Arbitration and International Trade. He is a certified mediator (CEDR, London) and an international investment arbitration practitioner. Adilbek obtained his bachelors in law degree from the KAZGUU University (Kazakhstan), his LL.M. degree from Europa-Institut of the Saarland University (Germany) and a doctorate degree (summa cum laude) from the Saarland University (Germany). Adilbek worked as an in-house legal counsel in private and state owned enterprises, as well as a lecturer in universities in Central Asia. Currently, he is a foreign lawyer with the International Arbitration group of Herbert Smith Freehills LLP in Frankfurt am Main, Germany. 

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