Book contents
- The Asian Turn in Foreign Investment
- The Asian Turn in Foreign Investment
- Copyright page
- Contents
- Figures
- Tables
- Contributors
- Acknowledgements
- Table of Cases
- Table of Treaties
- Abbreviations
- Part I Introduction
- Part II National Approaches within Asia to the Regulation and Protection of Foreign Investment
- Part III The Rebalancing of Regulatory Space and Investor Protection in Asia
- Part IV Multilateral Rule-Making in Asia on Trade and Investment: From ASEAN to the Comprehensive and Progressive Agreement for Trans-Pacific Partnership
- Part V Emerging Issues
- 15 The Due Diligence Expansion in International Investment Arbitration
- 16 Combating Haze Pollution through the Enforcement of Investment Treaties and Human Rights
- 17 Transparency in Investor–State Arbitration
- 18 Third-Party Funding in Asia
- 19 Settling Investment Disputes through Mediation
- 20 The Singapore Convention on Mediation
- Part VI What Lies Ahead?
- Index
15 - The Due Diligence Expansion in International Investment Arbitration
from Part V - Emerging Issues
Published online by Cambridge University Press: 13 August 2021
- The Asian Turn in Foreign Investment
- The Asian Turn in Foreign Investment
- Copyright page
- Contents
- Figures
- Tables
- Contributors
- Acknowledgements
- Table of Cases
- Table of Treaties
- Abbreviations
- Part I Introduction
- Part II National Approaches within Asia to the Regulation and Protection of Foreign Investment
- Part III The Rebalancing of Regulatory Space and Investor Protection in Asia
- Part IV Multilateral Rule-Making in Asia on Trade and Investment: From ASEAN to the Comprehensive and Progressive Agreement for Trans-Pacific Partnership
- Part V Emerging Issues
- 15 The Due Diligence Expansion in International Investment Arbitration
- 16 Combating Haze Pollution through the Enforcement of Investment Treaties and Human Rights
- 17 Transparency in Investor–State Arbitration
- 18 Third-Party Funding in Asia
- 19 Settling Investment Disputes through Mediation
- 20 The Singapore Convention on Mediation
- Part VI What Lies Ahead?
- Index
Summary
Entering into new and developing markets often involves partnership with economically and politically powerful persons with influence in that country.These joint ventures are not without peril, however.In international investment law, a co-venturer can expose partners to issues of potential illegality, such as whether influence peddling and bribery were among the animating purposes of that partnership.This chapter explores an emerging norm that molds over-arching principles of good faith and fair dealing into a very specific requirement that foreign investors engage in a high level of “due diligence” throughout their relationship with local partners or else be denied recourse to investor-state arbitration even if the host State injures the investment in violation of international law.While it was traditionally necessary to demonstrate that the foreign investor was complicit in any illegality the local partner may have committed, recent cases seem to be moving towards a stricter regime of “due diligence” that puts much of the onus on the foreign investor to ensure that national law is complied with, and that no fraud, corruption, or other illegality exists or persists. This chapter explores the implications of that expansion.
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- The Asian Turn in Foreign Investment , pp. 261 - 278Publisher: Cambridge University PressPrint publication year: 2021
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