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Max Planck Encyclopedia of International Procedural Law [MPEiPro]

Fraudulent Evidence: Investment Arbitration

Utku Cosar

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2021. All Rights Reserved.date: 22 April 2021

Awards — Conduct of proceedings — Due process — Evidence — Costs and expenses — Arbitral rules

Published under the direction of Hélène Ruiz Fabri, with the support of the Department of International Law and Dispute Resolution, under the auspices of the Max Planck Institute Luxembourg for Procedural Law.

1 Fraud can be defined as a ‘knowing misrepresentation of the truth or concealment of a material fact to induce another to act to his or her detriment’ (Llamzon and Sinclair, 2015, 469). In investment arbitration (Investment Disputes), fraud can be raised as a defence by states in defending claims against investors for misrepresentations in relation to an investment (Lamm and others, 2010, 699), or where a party submits false documents or misleads the tribunal. 2 This entry will focus on the latter situation, fraudulent evidence, which embraces fraudulent...
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