Abstract
By investigating the 32 investor-state arbitration cases where corruption was an issue, this paper illustrates the evidentiary problems in proving corruption in investor-state arbitration. These evidentiary challenges have led investor-state arbitration to become a safe harbour that countenances investments procured by corrupt conduct. To dismantle this safe harbour, the paper raises three evidentiary propositions, which hopefully, can assist future tribunals in assessing corruption allegations in a more principled manner. This paper was submitted to the Young Institute for Transnational Arbitration (ITA) Writing Competition in 2019, and was selected as one of the top three runner-up papers.
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