Please use this identifier to cite or link to this item: http://hdl.handle.net/1893/30774
Appears in Collections:Law and Philosophy Journal Articles
Peer Review Status: Refereed
Title: Adopting a 'Range of Factors' and 'Division of Systems' Approach: Establishing Principles for a Consistent Standard of Proof to Assess Illegality in Foreign Investment Disputes
Author(s): Yu, Hong-Lin
Contact Email: h.l.yu@stir.ac.uk
Citation: Yu H (2020) Adopting a 'Range of Factors' and 'Division of Systems' Approach: Establishing Principles for a Consistent Standard of Proof to Assess Illegality in Foreign Investment Disputes. Journal of Business Law.
Abstract: First paragraph: The legality requirements underlying investors’ claims over treaty protections have increasingly been subject to scrutiny. Frequently, the arbitral tribunal is confronted with a host state’s assertion that the investor engaged in corruption or bribery during the lifetime of an investment contract. This includes an array of misconduct such as administrative omissions, violations of the host state’s laws, deceit, the misuse of the system of international investment protection, and the violation of good faith or transnational public policy.
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Notes: Output Status: Forthcoming

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