Corruption defences in investor– state arbitrations: a case of odious debt?
February 24, 2023
4:00 p.m. - 5:30 p.m. SGT
The occurrence of corruption in foreign investment has pushed corruption to the forefront of investor-state arbitrations and led to the emergence of the state-invoked ‘corruption defence’. This session will first cover what the ‘corruption defence’ is and when is it invoked (such as whether this defence is a jurisdictional issue, admissibility issue or merits issue). Further, the issue of what is, or should be, the standard of proof in cases involving corruption will be discussed. Second, the session will cover under what circumstances, in practice, has the corruption defence been upheld in notable cases. Lastly, the session will discuss from a broader perspective whether (and, if so, how) a host state can be prevented from using its own corruption to its advantage.
Session Co-Chairs Desmond Ang Sidley Austin, Hong Kong SAR; Vice Chair, IBA Asia Pacific Arbitration Group, Gabrielle Kaufmann-Kohler Geneva University Law School, Geneva
Panellists Gabriel Bottini Uría Menéndez, Madrid Kevin Kim Peter & Kim, Seoul Ina Popova Debevoise & Plimpton, New York City, New York Robert Wyld Johnson Winter & Slattery, Sydney, New South Wales; Member, IBA Anti-Corruption Committee Advisory Board