دانلود کتاب فساد و تقلب در داوری سرمایه گذاری چالش های رویه ای و ماهوی

The issue of corruption and fraud in investor-state disputes has become one of the hottest topics of discussions in the international legal community. This is not surprising as the terms “corruption” and “fraud” are natural triggers of attention, in particular when speaking of multi-million or multi-billion investment scandals. The centrepieces of this discussion are questions that can be framed inter alia in the following way: • Is a State liable for violating its international obligations vis-à-vis an investment that was procured through fraud or corruption? • Does a State have international obligations vis-à-vis such investments at all? • How does one prove corruption and fraud in international arbitration? An attempt to find answers to the above questions and to understand the current status quo of the issues around this topic, as well as to identify possible solutions, has been made in this monograph, which is now presented to you. The amount of case law and literature analysed in the frames of this book is indicative of the fact that the answers to the above listed questions are not entirely straightforward or clearly obvious. The book presents various issues that are being met in investment arbitration when allegations or indicators of corruption and fraud arise. The book also suggests possible solutions to the identified issues. The monograph was originally submitted as a doctoral dissertation to the Faculty of Law of the University of Saarland under the supervision of Prof. Dr. Marc Bungenberg. Prof. Bungenberg did not only supervise my research, but indeed guided me throughout the whole process. Thank you for your invaluable support and leadership, Doktorvater! I am honoured to have had the opportunity to work with you. Completing this work would also not have been possible without the continued encouragement of my colleagues. I am particularly grateful to Dr. Patricia Nacimiento for motivating, enabling and pushing me towards finishing this monograph. I am truly thankful to Dr. Gani Bitenov, who has become my role model in everything I can think of. Special thanks to Dr. Alessandro Covi and Dr. Bajar Scharaw for being always available to enter into complex legal discussions over coffee in our kitchen on the 12th. One can only dream of working in such a great team. I am forever grateful to the person who introduced me to the world of international law—Prof. Dr. Miras Daulenov. Thank you, Professor, for your kind heart and the hard work that you put in educating thousands of Kazakh students. Many thanks to all of my other colleagues and mentors, who influenced me in many ways in my academic and professional paths: Almat Zhamiyev, Asset Seitkazin, Azamat Kaldybekov, Amankali Sagatov, Daniya Arinova, Prof. Talgat Narikbayev, Prof. Sergey Pen, Prof. Yevgeniya Oralova, Prof. Dr. Abay Abylaiuly, Matthew Kirtland and many others. Finally and most importantly, I am grateful to my family. My sincerest and foremost appreciation goes to the love of my life, Mirgul, without whom this work would simply not exist. Thank you for being there for me, honey! I am thankful to my mom, Gulbakhyt, for always trusting in me. Last but not least, I am thankful to the most beautiful creatures in my life, my babies, Ayala and Arlan. My angels, you help me understand purpose in everything I do.