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405040

STATE OBJECTIONS TO THE ILLEGALITY OF INVESTMENT IN INVESTOR-STATE ARBITRATION

Article

Last updated: 20 Jan 2025

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Abstract

Illegality objections in investor-state arbitration raise several issues in jurisprudence. It cantered on the extent to which the state can use the mechanism of illegality objection in domestic courts can justify their failure to accord international protections to an investor by evoking the illegality objection. Similarly, states can use the illegality objection as a defence against claims brought against it by an investor, with the aim of depriving the jurisdiction of an arbitral tribunal due to the illegalities of the contract or its performance. Therefore, the extent to which the illegality objection is a strong defence or whether the state can successfully raise the objection is a matter that requires further research and analysis of the jurisprudential views and judicial principles used by courts in investor-state arbitrations. The paper discusses the concept of illegality objection, the condition of the legality of investments as the basis of the arbitral tribunal's jurisdiction, as well as the procedural and substantive requirements for illegality objections and the legal effects resulting from accepting illegality objections, through discussing and analysing the jurisprudential issues of the arbitral tribunal's rulings.

DOI

10.21608/lalexu.2024.405040

Keywords

Corrupt Conduct, Illegality Objections, Investor-state arbitration, Jurisdiction, Unclean Hands

Authors

First Name

A.P.D.Mohamed

Last Name

Aboubakr Abdelmaqsoud Abdelhadi

MiddleName

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Affiliation

Faculty of Law Mansoura University / Sultan Qaboos University

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Orcid

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Volume

2.2024

Article Issue

2

Related Issue

53060

Issue Date

2024-07-01

Receive Date

2024-07-01

Publish Date

2024-07-01

Page Start

132

Page End

30

Print ISSN

1687-1901

Online ISSN

2735-3443

Link

https://lalexu.journals.ekb.eg/article_405040.html

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http://journals.ekb.eg?_action=service&article_code=405040

Order

3

Type

المقالة الأصلية

Type Code

1,887

Publication Type

Journal

Publication Title

مجلة الحقوق للبحوث القانونية والاقتصادية

Publication Link

https://lalexu.journals.ekb.eg/

MainTitle

STATE OBJECTIONS TO THE ILLEGALITY OF INVESTMENT IN INVESTOR-STATE ARBITRATION

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Article

Created At

20 Jan 2025