Adopting a "Range of Factors" and "Division of Systems" Approach: Establishing Principles for a Consistent Standard of Proof to Assess Illegality in Foreign Investment Disputes

Citation

Yu H (2021) Adopting a "Range of Factors" and "Division of Systems" Approach: Establishing Principles for a Consistent Standard of Proof to Assess Illegality in Foreign Investment Disputes. Journal of Business Law, 2021 (1), pp. 75-98.

Abstract
Discusses the benefits of arbitral tribunals establishing a consistent standard of proof to be used when assessing illegality in foreign investment disputes. Reviews the general operation of the illegality defence in such circumstances, the debate over the low standard of the burden of proof used by tribunals, and whether lessons may be drawn from the "range of factors" approach adopted in Patel v Mirza (SC).

Keywords
Arbitral tribunals; Foreign investment; Illegality; International investment disputes; Standard of proof

Journal
Journal of Business Law: Volume 2021, Issue 1

• Accepted manuscript