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Blockchain, big data analytics, AI and other new technologies are transforming the way of working for governments, businesses and society. The 2019 Forum will focus on the risks and opportunities of new technologies for anti-corruption & integrity.
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David Chriki

Winner of the 2019 ResearchEdge Competition

David will be presenting his work: "International SLAPPs Agains Police Powers - How Investment Arbitration Imposes a Risk on Foreign Bribery Investigations"

Investment arbitration could be used to deter countries from practicing their police powers, and particularly, investigating bribery suspicions. Once facing a bribery investigation, a foreign investor might submit an arbitration claim against the host State, arguing that it violated the provisions of an international investment agreement between his home State and the host State. In certain cases, the host State might consider dropping the investigation if the investor would withdraw his arbitration claim. These arbitration claims resemble with so-called "SLAPPs" – Strategic Lawsuits Against Public Participation, which are filed by large corporations seeking to silence public scrutiny calling for regulation to be applied to these corporations. As with SLAPPs, strategic arbitrations against police powers (STRAPPs) aim to eliminate policies that contradict the claimant's interests, rather than achieving a favourable ruling.
Drawing from SLAPPs, the unwarranted effects of STRAPPs could be avoided by minimizing the effects of arbitration threats and claims against governments' police powers at an early stage of the dispute. This could be achieved by determining that unless the claimant has shown evidence of arbitrary or discriminatory treatment, a claim targeting governments' police powers does not reveal a prima facie cause of action – and should be dismissed swiftly. Alternately, an international fund that will provide financing to countries throughout their legal process may also help reduce such concerns. This solution could be of special significance to the OECD anti-bribery and integrity forum, as it would enhance the global combat against foreign bribery.


 



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