Corruption and Illegality in Asian Investment Arbitration
Materialtyp:
ArtikelSerie: Utgivningsinformation: Singapore Springer Nature Springer Nature Singapore [Imprint] 2024Beskrivning: 1 electronic resource (454 p.)Innehållstyp: - text
- computer
- online resource
- 9789819993024
- 9789819993031
- Economics, Finance, Business and Management
- Economics
- Political economy
- Finance and accounting
- Finance and the finance industry
- Law
- International law
- Public international law
- Public international law: economic and trade
- Laws of specific jurisdictions and specific areas of law
- Legal systems: general
- Legal systems: civil procedure, litigation and dispute resolution
- Arbitration, mediation and alternative dispute resolution
- Company, commercial and competition law: general
- Anti-Bribery Rules in Investment Treaties
- Asian Trade Law
- Bribery in Foreign Direct Investment
- Business Law and Corruption
- Business and Management
- Corruption in Foreign Direct Investment
- Corruption in Investment Arbitration
- Finance
- Foreign Direct Investment in Asia
- Investor-State Arbitration
- K Economics
- KC Economics
- KCP Political economy
- KF Finance and accounting
- KFF Finance and the finance industry
- L Law
- LB International law
- LBB Public international law
- LBBM Public international law
- LN Laws of specific jurisdictions and specific areas of law
- LNA Legal systems
- LNAC Legal systems
- LNAC5 Arbitration
- LNC Company
- Trade Agreements and Treaties
- civil procedure
- commercial and competition law
- economic and trade
- general
- litigation and dispute resolution
- mediation and alternative dispute resolution
- thema EDItEUR
Open Access Unrestricted online access star
This open access book explores Asian approaches towards investment arbitration—a transnational procedure to resolve disputes between a foreign investor and a host state—setting it in the wider political economy and within domestic law contexts. It considers the extent to which significant states in Asia are, or could become, "rule makers" rather than "rule takers" regarding corruption and serious illegality in investor-state arbitration. Corruption and illegality in international investment are widely condemned in any society, but there remains a lack of consensus on the consequences, especially in investment arbitration. A core issue addressed is whether a foreign investor violating a host state's law should be awarded protection of its investment, as per its contract with the host state and/or the applicable investment or trade agreement between the home state and the host state. Some suggest such protection would be unnecessary as the investor committed a crime in the host state, while others attempt to establish an equilibrium between the investor and the host state. Others claim to protect investment, invoking the sanctity of promises made. The book starts with a deep dive into economic and legal issues in corruption and investment arbitration and then explores the situation and issues in major countries in the region in detail. It is a useful reference point for lawyers, economists, investors, and government officials who are seeking comprehensive and up-to-date information on anti-bribery rules in Asian investment treaties. It is of particular interest to students and researchers in economics, finance, and law, who are undertaking new research relating to the multifaceted impacts of corruption. ; This open access book explores Asian approaches towards investment arbitration — a transnational procedure to resolve disputes between a foreign investor and a host state — setting it in the wider political economy and within domestic law contexts. It considers the extent to which significant states in Asia are, or could become, "rule makers" rather than "rule takers" regarding corruption and serious illegality in investor-state arbitration. Corruption and illegality in international investment are widely condemned in any society, but there remains a lack of consensus on the consequences, especially in investment arbitration. A core issue addressed is whether a foreign investor violating a host state's law should be awarded protection of its investment, as per its contract with the host state and/or the applicable investment or trade agreement between the home state and the host state. Some suggest such protection would be unnecessary as the investor committed a crime in the host state, while others attempt to establish an equilibrium between the investor and the host state. Others claim to protect investment, invoking the sanctity of promises made. The book starts with a deep dive into economic and legal issues in corruption and investment arbitration and then explores the situation and issues in major countries in the region in detail. It is a useful reference point for lawyers, economists, investors and government officials who are seeking comprehensive and up-to-date information on anti-bribery rules in Asian investment treaties. It is of particular interest to students and researchers in economics, finance and law, who are undertaking new research relating to the multifaceted impacts of corruption.
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