Die ‚Corruption Defence‘ des Gaststaats in internationalen Investitionsschiedsverfahren

The study examines the legal consequences in the context of international investment arbitration proceedings if it is proven that the investment at issue was procured by corruption. The study critically examines the prevailing zero tolerance strategy of arbitral tribunals, according to which claims in connection with corrupt investments will always be dismissed. The author argues for the admissibility of claims in corruption cases in order to enable arbitrators to render awards that not only take account of the supply side of corruption but also of the demand side on the part of government officials of the host state.