Article

Corruption

Hilmar Raeschke-Kessler and Dorothee Gottwald

in The Oxford Handbook of International Investment Law

Published in print June 2008 | ISBN: 9780199231386
Published online September 2012 | | DOI: http://dx.doi.org/10.1093/oxfordhb/9780199231386.013.0015

Series: Oxford Handbooks in Law

 Corruption

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This article examines the legal effects of corruption on international investment contracts. It proposes solutions for contracts and dispute resolution and aims at a balance between anti-corruption values and the economic rationality of contracts. It begins with an overview of the definitions of key terms and the legal instruments regulating corruption in foreign investment. It provides some general characteristics of corruption cases and some systematic remarks on the types of problems and cases. Furthermore, this article examines problems related to the main contract, which is the contractual relationship between the investor and the host state or other investors. It goes on to consider problems of dispute settlement related to the main contract. It then deals with problems of agency agreements, which are contracts between investors and intermediaries, and the dispute settlement problems related to these agency agreements.

Keywords: corruption; international investment contracts; economic rationality; dispute settlement; contractual relationship; agency agreements

Article.  16749 words. 

Subjects: Law ; International Law

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