Corruption in international investment disputes: Insights from the BSG resources v. Republic of Guinea case and implications for Vietnam

Abstract

The global fight against corruption has significantly impacted investment activities. The number of investment disputes related to corruption has rapidly increased, posing numerous challenges for both arbitrators and disputing parties. This article analyses the approach of investment arbitration toward corruption in disputes between foreign investors and host states by studying the case of BSG Resources v. Republic of Guinea. The arbitral ruling in this case marked an approach used in investment arbitration and clarified important but contentious issues in how investment arbitration addresses corruption. The lessons drawn from the dispute offer significant insights for Vietnam in effectively managing and addressing international investment disputes involving allegations of bribery before arbitral tribunals. These lessons are instrumental in strengthening Vietnam’s capacity to safeguard its legitimate rights and interests in the face of claims brought by foreign investors.

Từ khoá: Investor-State disputes; investment arbitration; corruption; bribery