Departmental Bulletin Paper Sharing Responsibilities on Corruption Allegations in Investor-State Arbitration : The Contribution of Metal-Tech v. Uzbekistan

ALISHER, Umirdinov

264pp.43 - 83 , 2015-12-25 , 名古屋大学大学院法学研究科
The long-awaited – the first investment treaty arbitration to deny its jurisdiction because of corruption – came in 2013 in the arbitration case involving Uzbekistan and the Israeli investor Metal-Tech. Until this time, there was plenty of speculation about the role of investment treaty arbitration on corruption, burden and standard of proof, legality requirement and so on. Metal-Tech Tribunal clarified many unexplored legal questions that have tremendous impact to the following investment arbitrations and also investors doing a business with corrupt governments in the world. Although the Metal-Tech Tribunal was widely credited for sua sponte use of its investigation powers in corruption-alleged case, however, in the substantive matters it also has a significant role for the development of ICSID jurisprudence. Therefore, it has a potential to stand as a ‘precedent’ for the future arbitration on corruption allegations.

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