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1

Corruption

An Overview of Select

Issues in ICSID

Arbitration

Paul Jean Le Cannu

Team Leader/Legal Counsel, ICSID

17 December 2019, Abu Dhabi

8th session of the Conference of the States Parties

to the United Nations Convention against

Corruption

© 2019 by International Centre for Settlement of Investment Disputes. Content may be reproduced for educational use with acknowledgement

ICSID is part of the World Bank Group

ICSIDIBRDIDAIFCMIGA

International Centre

for Settlement of

Investment

Disputes

MISSION:

Provides facilities

for conciliation and arbitration of international investment disputesInternationalBank for Reconstruction and Development

MISSION:

Lends funds to

governments of middle and low- income countries International

Development

Association

MISSION:

Providesinterest-

free loans and grants to governments of countries with the lowest incomesInternational

Financial

Corporation

MISSION:

Provides loans,

equity and technical assistance to stimulate private sector investment in developing countriesMultilateral

Investment

Guarantee Agency

MISSION:

Guarantees for

investors in developing countries against non -commercial risk 2 The notion of corruption in the ICSID Convention and investment treaties © 2019 by International Centre for Settlement of Investment Disputes. Content may be reproduced for educational use with acknowledgement 3

TheICSIDConvention

Investmenttreaties

Expresslegalityrequirements

Expressreferencestocorruption

Issues arising out of allegations of corruption before ICSID Tribunals © 2019 by International Centre for Settlement of Investment Disputes. Content may be reproduced for educational use with acknowledgement 4

AllegationsbythehostState

Allegationsbytheinvestor

1

ICSIDjurisdictionalrequirements

Alegaldispute

AnationalofaContractingState

AnotherContractingState

Arisingdirectlyoutofaninvestment

Consentinwritingfromthedisputingparties

2 Issues arising out of allegations of corruption before ICSID Tribunals © 2019 by International Centre for Settlement of Investment Disputes. Content may be reproduced for educational use with acknowledgement 5

Provingcorruption

StandardandBurdenofProof

Legalconsequencesofafindingofcorruption

Anissueof"asymmetry"?

Allocationofcosts

Thank You

© 2019 by International Centre for Settlement of Investment Disputes. Content may be reproduced for educational use with acknowledgement 6

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