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10.07.2023 | 10:00 | Room 038

Asia/Indo-Pacific Forum with Luke Nottage

Our presenter on this occasion will be Luke Nottage.


Luke is the Professor of Comparative and Transnational Business Law at the University of Sydney.  He is also honorary/visiting professor at a host of other universities across the globe, including Singapore Management University, the University of Wollongong, and Keio University.  His stellar publication record includes two monographs, three co-authored monographs, thirteen co-edited books (plus two in preparation), and over 200 peer-reviewed book chapters and journal articles.


As noted above, Luke will speak on corruption in investment-treaty arbitration, particularly arbitration involving Asian states.  The abstract for his presentation reads as follows:

What do or should arbitral tribunals do when foreign investors bring claims for violations of substantive commitments made by host states, especially under international investment treaties, but the state raises the possibility that its officials were bribed when the investment was originally made? Should tribunals decline jurisdiction, meaning investors lose all treaty protections, even though this could encourage host state actors to solicit bribes (without getting prosecuted)? Or should tribunals make some claims inadmissible, or rule against investors on some merits, or reduce damages awarded? How is or should corruption be proven? What is the relationship to drafting used in treaties, and what sort of provisions are or could be emerging? 

This presentation draws on my forthcoming co-edited interdisciplinary book examining such issues, particularly in the Asian region where corruption remains quite common and investment treaty claims are growing, including several raising defences of misconduct by foreign investors. The presentation focusing on co-authored chapters on Japan (with large net outbound foreign investment) and Thailand (with large net inbound investment).



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