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9 - Investor misconduct: Jurisdiction, admissibility or merits?

from Part III - Actors in international investment law

Published online by Cambridge University Press:  05 December 2011

Chester Brown
Affiliation:
University of Sydney
Kate Miles
Affiliation:
University of Sydney
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Summary

Introduction

In Quantum of Solace, the latest film in the James Bond series, the ruthless Dominic Greene, frontman for the evil international organisation, Quantum, forges a deal with exiled Bolivian General Medrano. In return for some large briefcases of euros and the new title of president, Medrano signs over a vast tract of desert, which, unbeknownst to him, contains most of his country's fresh water. Having acquired rights to the country's water, Greene then forces Medrano to provide his organisation an exclusive concession for provision of water services, under threat of forceful removal. The fictional events in Quantum of Solace play on a popular theme in contemporary film – that of the nefarious multinational corporation acquiring rights to natural resources in a poor, developing State through illegitimate means, often with the connivance of a rich, developed State.

In Ian Fleming's original story by the same name, the term ‘quantum of solace’ refers to the common humanity required between two people for a relationship to survive. As James Bond says in the story: ‘When the other person not only makes you feel insecure but actually seems to want to destroy you, it's obviously the end. The Quantum of Solace stands at zero. You've got to get away to save yourself.’ This view is likely shared at times by both States and foreign investors when the conduct of either party erodes the trust and confidence between them that is necessary for a successful and mutually beneficial foreign investment relationship.

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Publisher: Cambridge University Press
Print publication year: 2011

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References

Fleming, I.‘Quantum of Solace’For Your Eyes OnlyNew YorkPenguin Books 2003 77Google Scholar
Weil, P.‘The State, the foreign investor, and international law: The no longer stormy relationship of a ménage à trois’ICSID Review – Foreign Investment Law Journal 15 2000 401CrossRefGoogle Scholar
Vernon, R.Sovereignty at Bay: The multinational spread of U.S. enterprisesNew YorkBasic Books 1971 46Google Scholar
Cremades, B.‘Corruption and investment arbitration’Aksen, G.Reflections on International Law, Commerce and Dispute Resolution: Liber amicorum in honour of Robert BrinerParisInternational Chamber of Commerce 2005 203Google Scholar
Raeschke-Kessler, H.Gottwald, Dorothee‘Corruption’Muchlinski, P.Ortino, F.Schreuer, C.The Oxford Handbook of International Investment LawOxford University Press 2008 584Google Scholar
Haugeneder, F.‘Corruption in investor–State arbitration’Journal of World Investment and Trade 10 2009 319Google Scholar
Knahr, C.‘Investments “in accordance with host State law”’Transnational Dispute Management 4 2007 5Google Scholar
Kurkela, M. S.‘Criminal laws in international arbitration: The may, the must, the should and the should not’ASA Bulletin 26 2008 280Google Scholar
Hiber, D.Pavić, V.‘Arbitration and crime’Journal of International Arbitration 25 2008 461Google Scholar
Scherer, M.‘International arbitration and corruption: Synopsis of selected arbitral awards’ASA Bulletin 19 2001 710Google Scholar
Karsten, K.Berkely, A.Arbitration: Money laundering, corruption and fraudParis 2003
de Fontmichel, A. CourtL'Arbitre, le juge et les practiques illicites du commerce internationalParisEditions Panthéon Assas 2004Google Scholar
Syed, A.Corruption in International Trade and Commercial ArbitrationThe HagueKluwer 2004Google Scholar
Mourre, A.‘Arbitration and criminal law: Reflections on the duties of the arbitrator’Arbitration International 22 2006 95CrossRefGoogle Scholar
Kreindler, R. H.‘Aspects of illegality in the formation and performance of contracts’ICCA Congress Series No. 11The HagueKluwer 2003 209Google Scholar
Mills, K.‘Corruption and other illegality in the formation and performance of contracts and in the conduct of arbitration relating thereto’ICCA Congress Series, No. 11The HagueKluwer 2003 288Google Scholar
Raeschke-Kessler, H.‘Corrupt practice in the foreign investment context: Contractual and procedural aspects’Horn, N.Arbitrating Foreign Investment Disputes: Procedural and substantive aspectsThe HagueKluwer 2004 471Google Scholar
Muchlinski, P.‘“Caveat investor”? The relevance of the conduct of the investor under the fair and equitable treatment standard’International and Comparative Law Quarterly 55 2006 27CrossRefGoogle Scholar
Gaffney, J.‘“Abuse of process” in investment treaty arbitration’Journal of World Investment and Trade 11 2010 515Google Scholar
Kolo, A.‘Witness intimidation, tampering and other related abuses of process in investment arbitration: Possible remedies available to the arbitral tribunal’Arbitration International 26 2010 43CrossRefGoogle Scholar
Paulsson, J.‘Jurisdiction and admissibility’Aksen, G.Reflections on International Law, Commerce and Dispute Resolution: Liber amicorum in honour of Robert BrinerParisInternational Chamber of Commerce 2005 603Google Scholar
Fitzmaurice, G.The Law and Procedure of the International Court of JusticeCambridgeGrotius Publications Limited 1986 438Google Scholar
Douglas, Z.The International Law of Investment ClaimsCambridge 2009 301CrossRefGoogle Scholar
Brown, C.A Common Law of International AdjudicationOxford Universtiy Press 2007 45CrossRefGoogle Scholar

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