Study On The Arbitrability Of Corruption Issues In Controlling Transnational Business Corruption Through International Investment Arbitration-and On The Standard Of Proof

Corruption has become a global problem that is the obstacle of the development of politics, economy and culture. With the development of social economy and international business, the problem of transnational business corruption arises and becomes more and more serious. Because of the serious consequences of transnational business corruption, various measures have been sought by the national and international community to solve the problem. Most of the measures rely on national laws and prosecutors to enforce anti-corruption norms. It means that a truly effective international mechanism of corruption control is desperately needed. The thesis aims at discussing the probability of controlling transnational business corruption through international investment arbitration, the standard of proof in proving corruption, some other specific problems existing in the process, and how to solve these problems.With the increasing number of allegations of corruption in foreign investment practice, corruption has been seriously concerned in international investment arbitration. The measures taken in investment arbitration have great impacts and unlimited potential on corruption control. However, international investment arbitration was designed to solve disputes between host-countries and investors, other than corruption issues in disputes. More importantly, controlling corruption through international investment arbitration lacks systematic theory study and analysis. As a result, some problems still existing in the process, among which the arbitrability of corruption issues and the standard of proof remains to be firstly identified. In order to better utilize the method to combat corruption and give some practical advices on it, the thesis analyzes the possibility of combating corruption through international investment arbitration as well as some other problems existing from the perspective of theory and practice.This thesis is organized in four chapters.Chapter 1 introduces the phenomenon of transnational business corruption, the national and international efforts to combat it and the relationship between international investment arbitration and transnational business corruption control.Chapter 2 explores the arbitrability of corruption issues in international investment arbitration. This question concerns the probability of controlling corruption through international investment arbitration. It’s the problem needs to be solved firstly. Considering the lack of theoretical supports, this chapter seeks to demonstrate that corruption issues are arbitrable from the practical and theoretical perspective.Chapter 3 discusses the standards of proof in proving corruption. The chapter seeks to find out the most appropriate standard of proof in proving and controlling corruption on the basis of practical and theoretical analysis.Chapter 4 aims to suggest a better framework of using international investment arbitration to combat corruption. In this regard some pieces of advice are given, including some suggestions to the existing investment arbitration mechanism and the proposal to run a new arbitration mechanism.