- Table of Cases
- Table of International Treaties and Conventions
- Table of Rules and Resolutions
- Table of Legislation
- List of Contributors
- Policy Issues
- Investment, Investor, Nationality, and Shareholders
- Applicable Law
- Multilateral Investment Rules Revisited
- Interactions Between Investment and Non-investment Obligations
- Trade and Investment
- Admission and Establishment
- Standards of Treatment
- Coverage of Taxation Under Modern Investment Treaties
- Most-Favoured-Nation Treatment
- Emergency Exceptions: State of Necessity and <i>Force Majeure</i>
- Investment Insurance
- State Responsibility and Attribution
- Regulatory Transparency
- Corporate Social Responsibility
- Methods of Dispute Resolution
- Procedural Transparency
- Independence, Impartiality, and Duty of Disclosure of Arbitrators.
- Consent to Arbitration
- Jurisdiction and Admissibility
- The Jurisdictional Threshold of a Prima-Facie Case
- The Relationship between International Tribunals and Domestic Courts
- Parallel Proceedings
- Compensation, Damages, and Valuation
- Review of Awards
- An Appellate System in International Investment Arbitration?
- Compliance and Enforcement
- A Doctrine of Precedent?
- Tribunal's Powers versus Party Autonomy
Abstract and Keywords
This article examines the legal effects of corruption on international investment contracts. It proposes solutions for contracts and dispute resolution and aims at a balance between anti-corruption values and the economic rationality of contracts. It begins with an overview of the definitions of key terms and the legal instruments regulating corruption in foreign investment. It provides some general characteristics of corruption cases and some systematic remarks on the types of problems and cases. Furthermore, this article examines problems related to the main contract, which is the contractual relationship between the investor and the host state or other investors. It goes on to consider problems of dispute settlement related to the main contract. It then deals with problems of agency agreements, which are contracts between investors and intermediaries, and the dispute settlement problems related to these agency agreements.
Hilmar Raeschke-Kessler is Rechtsanwälte beim Bundesgerichtshof, Karlsruhe; Honorary Professor, University of Cologne, Germany.
Dorothee Gottwald, Desk officer, Federal Ministry of the Interior, Berlin.
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