Treaty Arbitration: Pleading and Proof of Fraud and Comparable Forms of Abuse

Precision Stream A4

This session will explore and catalogue standards that govern the presentation and resolution of issues of fraud, abuse of rights, and similarly serious allegations that may impugn either a claim or the investment in treaty arbitrations. How do these issues arise? And how do tribunals address them? Is there a common understanding of pleading and proof standards for fraud, abuse of rights, or the bona fides of an investment? These are easy questions to ask, but precise answers are vexing.