Effectiveness of Corruption Defence Strategy by the host states under ICSID Arbitration

Abstract

The corruption phenomena have been a dominant and well-known challenge for international investment and trade in general. However, this challenge achieved a more tangible scale of problematics due to the host state willingness to bypass investment protection mechanisms such as relevant BIT in order to conduct expropriation without legal and economic consequences. As a result, Corruption Defence Strategy was invented. Such a defence strategy implementation under ICSID Arbitration seemed to be sufficient enough to deny a jurisdiction and make the host state to win a case. Respectively, the core issue that is explored is the evaluation of justice achievement by the ICSID Arbitration in the case of Corruption Defence Strategy appearances.