23 December 2021
The Interplay Between International and National Institutions in Fighting Corruption
The topic of corruption plays a particular role in the international investment regime, as is evidenced by the large number of corruption-based investment cases and the abundant literature on this topic. This blog post discusses the role of arbitral tribunals and local institutions (notably courts and bar associations) in addressing the challenges of corruption by focusing on the so called Piero Foresti, Laura de Carli & Others v. The Republic of South Africa case (hereinafter, the Foresti case). I argue that the reaction of the arbitral tribunal to the allegation of corruption is unsatisfactory and that international and national institutions should operate in complementarity given the transnational nature of the phenomenon of corruption. Continue reading >>
0 
17 June 2020
Investment Law in Corona Times: How Myths Fuel Injustice
One of the leitmotivs of the discourse around the pandemic is that ‘there cannot be going back to business as usual’ (see here and here). Yet, it is business as usual that is alarmingly looming in Corona times. In this context, at least two developments are worthy of note: the first is the much discussed risk of a wave of Covid-related investment claims. The second, possibly less noticed, is that countries are silently expanding the scope of a system that does not adequately strengthen sustainability in economic relations, despite laconic initiatives to this purpose. Continue reading >>05 March 2020