Corruption and Jurisdiction in Investor-State Arbitration: Evolving Challenges from Past to Present
NEW Date : March 19, 2025 (Wednesday)
Time: 17:30-18:30
Venue: Room 723, 7/F, Cheng Yu Tung Tower, The University of Hong Kong
Language: English
(In-person Event)
Abstract:
Since the arbitral award of World Duty Free v. Kenya (2006), the debate over how investor-state arbitration (ISA) tribunals should handle corrupt acts involving investors and host state government officials has persisted. On the one hand, tribunals have adopted a binary approach: allegations of corruption, once substantiated, lead to a complete dismissal of the investor’s claims. On the other hand, this binary approach is highly criticized because it has failed to take into account the inherent bilateralism of corruption and thus has resulted in an asymmetry of liability for the two parties (i.e., investors and host states).
In a recent article I published in the ICSID Review, I critically examined the application of the contentious ‘unclean hands’ doctrine to reject investors’ claims. In this seminar, I will expand on this critique by assessing two additional legal frameworks – the legality requirement and transnational public policy – that tribunals use to address corruption. Additionally, I will introduce the integration of anti-corruption clauses in the new generation of international investment agreements (IIAs) and assess how these normative developments have influenced, and might continue to influence, future tribunal decisions on corruption-related issues.
Speaker:
Dr. Yueming Yan is an Assistant Professor at the Chinese University of Hong Kong, Faculty of Law. Her research interests include the convergence of sustainable development with international economic law, as well as China’s laws and policies on labour protection, commercial litigation, and Belt & Road Initiative.
Yueming’s research has been published or will be published in journals such as the Journal of International Economic Law, Journal of International Dispute Settlement, ICSID Review – Foreign Investment Law Journal, University of Pennsylvania Journal of International Law, and Melbourne Journal of International Law. Her PhD dissertation – Improving international investment law’s treatment of (anti-) corruption: Towards a more balanced approach – was granted the Award on International Investment Arbitration Law in memory of Piero Bernardini (2022). Additionally, Yueming received the 2023 Journal of International Economic Law (JIEL) Excellence in Reviewing Award.
Before moving to Hong Kong, Yueming was affiliated with Singapore Management University and the Singapore International Dispute Resolution Academy as a Visiting Assistant Professor. She holds a PhD in law degree from McGill University.
Host:
Prof. Jing Hui is the Deputy Director of Philip K.H. Wong Centre for Chinese Law, Assistant Professor at The University of Hong Kong.
This is an in-person only event for the audience. Prior registration is required. Please visit https://bit.ly/4g55Zh4 to register. For inquiries, please email Louisa at .
To watch recordings of past CCL events, please subscribe to our newly launched YouTube channel: The Centre for Chinese Law – YouTube. To keep up with our activities, follow us on Twitter https://twitter.com/CCLHKU. Philip K.H. Wong Centre for Chinese Law at The University of Hong Kong promotes legal scholarship with the aim to develop a deeper understanding of China and facilitate dialogue between East and West. For more information, visit: Philip K.H. Wong Centre for Chinese Law