Hostname: page-component-84b7d79bbc-x5cpj Total loading time: 0 Render date: 2024-07-28T02:47:58.406Z Has data issue: false hasContentIssue false

World Duty Free Company Limited v. Republic of Kenya

ICSID (Arbitration Tribunal).  04 October 2006 .

Published online by Cambridge University Press:  01 January 2021

Get access

Abstract

Admissibility — Investment procured through bribe — Whether bribe contrary to international public policy — Concept of international public policy — International consensus as to universal standards and accepted norms of conduct — Whether bribe contrary to domestic laws and public policy — ICSID Convention, Article 52 — Whether public policy can be a ground for annulment — Whether payment of bribe is a separate transaction from investment

Admissibility — Contract, avoidance of — Unequivocal and timely avoidance of contract

State responsibility — Attribution — Whether knowledge of bribe by state official attributable to the State

Applicable law — Conflicting clauses in investment agreement relating to applicable law — ICSID Convention, Article 42(1)

Jurisdiction — Bribe, effect on arbitration clause in an investment contract — Lack of evidence that bribe was to procure specific arbitration clause

Costs — Allocation of costs between parties — Why successful party should not recover costs — ICSID Arbitration Rules, Article 28(1)

Type
Case Report
Copyright
© Cambridge University Press 2016

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)