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Corruption in International Investment Arbitration de Aloysius P Llamzon

Corruption in International Investment Arbitration: Oxford International Arbitration Series

Autor Aloysius P Llamzon
en Limba Engleză Hardback – 3 sep 2014
This is the first comprehensive study of corruption in international investment arbitration. The book considers the limited effectiveness of efforts to combat transnational corruption in international law and the emergence of international investment arbitration as a singular means for effective control of corruption within the international legal order. The case law on corruption by investment tribunals is studied exhaustively, jurisprudential trends are identified, and reforms aimed at enhancing the effectiveness and fairness of investment arbitration as a mechanism to combat corruption are proposed. Divided into three parts, part I focus on the phenomenon of corruption in foreign investment and attempts at its control through international law. Part II analyses the available case law in international investment arbitration dealing with corruption. Llamzon identifies nine distinct trends emerging from the case law and provides a table summarizing the key areas of corruption decision-making and each relevant tribunal's approach, which is an invaluable tool for practitioners engaging in 'live' issues of corruption within arbitral proceedings. Part III reflects on the implications of these trends for both the 'supply' and 'demand' sides of corruption in international law, and proposes a integrative framework of decision for corruption issues in international investment arbitration.
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Specificații

ISBN-13: 9780198714262
ISBN-10: 0198714262
Pagini: 358
Dimensiuni: 186 x 248 x 25 mm
Greutate: 0.78 kg
Editura: OUP OXFORD
Colecția OUP Oxford
Seria Oxford International Arbitration Series

Locul publicării:Oxford, United Kingdom

Recenzii

This comprehensive book offers a probing examination of the relationship between investment arbitration and corruption, based on careful legal research and rigorous analysis. It is a fine piece of scholarship--the culmination of the authors doctoral dissertation--that is also grounded in the reality of arbitral decision-making, surely enriched by the years that the author spent as a lawyer at the Permanent Court of Arbitration.
Fighting corruption has become a major focus of legal practice in recent years, and thus Aloysius Llamzon's comprehensive and well-written book, Corruption in International Investment Arbitration, should find a wide and appreciative audience.In sum, [it] is an excellent resource that will be relevant not only to students of investor-state arbitration but to all those who have an interest in the legal and policy debates surrounding the efforts to combat corruption.
In Corruption in International Investment Arbitration, Dr Llamzon addresses one of the most interesting and complex emerging issues in investment law. ... Dr Llamzon's thoroughly-researched work not only undertakes a detailed review of the current state of the law but also provides perceptive insights into the issues that will be at the heart of the future development of this increasingly important topic in investment arbitration. This ground-breaking book is essential reading for anyone with an interest in corruption in international investment law, and will undoubtedly become a defining work in the field for both practitioners and scholars.
This book deals with international investments tainted by corruption and with the fate of such investments in international arbitration. [Llamzon's] work is elegantly, concisely and precisely written. It dispenses with the customary show of moral indignation which so often - and to no avail - accompanies a phenomenon which must have existed from time immemorial but has hit the limelight with the constant growth of international investment and the all-pervading presence of modern means of communication. The book is impeccably researched and deserves a place in the libraries not only of those professionally involved with foreign investment, but all those interested in the phenomenon of corruption in international business.
Dr. Llamzon's study of Corruption in International Investment Arbitration is a searching, lucid and unmatched analysis of a sensitive problem of great practical importance.
In sum, Corruption in International Investment Arbitration is an excellent resource that will be relevant not only to students of investor-state arbitration but to all those who have an interest in the legal and policy debates surrounding the efforts to combat corruption.

Notă biografică

Aloysius Llamzon, A.B., J.D. (Ateneo de Manila), LL.M., JSD (Yale Law School), is Legal Counsel at the Permanent Court of Arbitration in The Hague. Dr. Llamzon assists tribunals in inter-State, investment, and commercial arbitrations, including as Registrar or tribunal secretary. He is the Registrar of the Indus Waters Kishenganga Arbitration (Pakistan v. India). He was formerly an associate at the Hong Kong office of a leading U.S. law firm, a leading firm in Manila, and a lecturer in arbitration and international law at universities in Manila and Hague.