Forty-Second ITF Public Conference: Illegality in International Investment Law (Hybrid)

Event Details

The consequences of an investment being deemed illegal can be severe, including the denial of substantive protections, jurisdiction, and potential claims for damages. Although numerous arbitral decisions and scholarly debates have addressed the issue of illegality in international investment, much uncertainty still remains.

Illegality may touch upon various aspects of investment activities and dispute resolution procedure, including violations of host laws, evidence obtained by illegal means, illegality in investment contracts. These issues may arise during arbitral proceedings or at the enforcement stage. Debates continue as to whether the illegality of the investment should be assessed at the time of establishment or throughout the lifespan of the investment.

Investments that are made in violation of the host state's laws and regulations, such as environmental regulations or licensing requirements, may be considered illegal and, consequently, not entitled to protection under international investment agreements (IIAs) or international law.

If an investment is obtained through bribery, fraud, or other forms of corruption, tribunals may find that the investment is tainted and, therefore, not protected by IIAs or international law. This is known as the "corruption defence" and has been applied in various cases.

More generally, investments that involve the proceeds of criminal activities or money laundering may be considered illegal and, therefore, not protected by IIAs or international law.

The Investment Treaty Forum will bring together the leading practitioners and academics in the field of international investment law as well as representatives of governments to discuss these complex issues. 

Join in the conversation @BIICL #ITFLaw #ISDS

Pricing and Registration

This is a hybrid conference, being held in person at the BIICL office in Russell Square, London and virtually.

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