Hesham talaat M. Al-Warraq v republic of Indonesia: imposing international obligations on foreign investors

newcombe, andrew; jean-michel marcoux;

Existing investment treaty jurisprudence involving cases of investor wrongdoing (such as fraud, illegality or corruption) supports the general proposition that investors engaged in serious wrongdoing cannot benefit from investment treaty protection. Further, even where an investor�s claim is not dismissed at a preliminary stage of the proceedings by a ruling on jurisdiction or admissibility, investor wrongdoing can be taken into account at the merits, damages and costs phases of the proceedings. In practice, the majority of decisions dealing with investor wrongdoing focus on alleged wrongdoing either during the initial investment-making process or in attempts to manufacture investment treaty jurisdiction through corporate restructuring.