International Investment Arbitration and Corruption Claims: An Analysis of World Duty Free v. Kenya
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Ibironke T. Odumosu
In some recent investment arbitration cases, tribunals have been presented with facts that suggest that foreign investors and public officials in the host state have engaged in corrupt practices. In its analysis of the extension of the anti-corruption campaign to investment arbitration, this article examines the legal measures adopted to combat corruption before investor-state arbitral tribunals in light of a study of World Duty Free Co. Ltd. v. The Republic of Kenya. An examination of the background to the World Duty Free v. Kenya dispute, the broader circumstances that surrounded the dispute, and Kenya’s political climate that was not within the tribunal’s purview, demonstrate that investment arbitration tribunals are not sufficiently equipped to exhaustively tackle corruption. Given the intricate political and public nature of corruption, responses to foreign investment-related corruption also have to be multi-faceted.
©2012 Walter de Gruyter GmbH & Co. KG, Berlin/Boston
Articles in the same Issue
- Article
- Introduction
- The Economic and Financial Crimes Commission and the Accountability of Corrupt Foreign Actors in Nigeria
- Corruption and Political Culture in Africa: History, Meaning, and the Problem of Naming
- The Pathology of Judicialization: Politics, Corruption and the Courts in Nigeria
- International Investment Arbitration and Corruption Claims: An Analysis of World Duty Free v. Kenya
- Canada's AntiForeign Bribery Regime Requires a Balancing Act
- Kenya's Long Anti-Corruption Agenda--1952-2010: Prospects and Challenges of the Ethics and Anti-Corruption Commission under the 2010 Constitution
- When Law Fails: A Theory of Self-Enforcing Anti-Corruption Legislation in Africa
- Combating the Bribery of Foreign Public Officials: The Impact of the UK Bribery Act 2010
- The Oil Industry and Africa: The Expanding Reach of the Foreign Corrupt Practices Act
Articles in the same Issue
- Article
- Introduction
- The Economic and Financial Crimes Commission and the Accountability of Corrupt Foreign Actors in Nigeria
- Corruption and Political Culture in Africa: History, Meaning, and the Problem of Naming
- The Pathology of Judicialization: Politics, Corruption and the Courts in Nigeria
- International Investment Arbitration and Corruption Claims: An Analysis of World Duty Free v. Kenya
- Canada's AntiForeign Bribery Regime Requires a Balancing Act
- Kenya's Long Anti-Corruption Agenda--1952-2010: Prospects and Challenges of the Ethics and Anti-Corruption Commission under the 2010 Constitution
- When Law Fails: A Theory of Self-Enforcing Anti-Corruption Legislation in Africa
- Combating the Bribery of Foreign Public Officials: The Impact of the UK Bribery Act 2010
- The Oil Industry and Africa: The Expanding Reach of the Foreign Corrupt Practices Act
