Research Article
Arbitrability of Economic Crimes Claims Under International Investment Arbitration
Prince Uche Amadi*
Issue:
Volume 9, Issue 1, March 2026
Pages:
1-13
Received:
26 November 2025
Accepted:
6 December 2025
Published:
7 January 2026
Abstract: Economic crime allegations in international investment arbitration has generated significant doctrinal and systemic challenges for the investor–state dispute settlement (ISDS) regime. As disputes involving bribery, fraud, money laundering, and related misconduct arise with greater frequency, tribunals must balance the protective structure of investment treaties with the imperatives of legality, international public policy, and global anti-corruption norms. This article employs a doctrinal, comparative, and policy-oriented methodology to examine how arbitral tribunals have conceptualised and addressed the arbitrability of economic crime claims. Through an analysis of key awards, the study evaluates jurisdictional approaches, admissibility determinations, evidentiary burdens, and procedural techniques used to assess clandestine and transnational wrongdoing. The principal finding is that arbitral practice remains fragmented and inconsistent. Tribunals diverge on the interpretation of legality requirements, the allocation and standard of proof, and the treatment of misconduct occurring during the operational phase of an investment. These inconsistencies undermine legal certainty, expose the system to strategic misuse by both investors and states, and weaken the coherence of the ISDS framework. The absence of harmonised evidentiary protocols further complicates the adjudication of economic crimes, given their inherent secrecy and the limited investigative powers of arbitral tribunals. To address these challenges, the article proposes a reform agenda centred on clearer treaty drafting, specialised evidentiary methodologies, enhanced tribunal expertise in financial and criminal matters, structured coordination with domestic authorities, and increased transparency. By articulating a principled framework governing the arbitrability of economic crime claims, the article contributes to strengthening the legitimacy, predictability, and normative integrity of the international investment arbitration system.
Abstract: Economic crime allegations in international investment arbitration has generated significant doctrinal and systemic challenges for the investor–state dispute settlement (ISDS) regime. As disputes involving bribery, fraud, money laundering, and related misconduct arise with greater frequency, tribunals must balance the protective structure of invest...
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Case Report
Rethinking the Office of the Prosecutor v Jean Pierre Bemba: A Case Note
Sem Amin*
Issue:
Volume 9, Issue 1, March 2026
Pages:
14-25
Received:
9 December 2025
Accepted:
24 December 2025
Published:
19 January 2026
DOI:
10.11648/j.ijls.20260901.12
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Views:
Abstract: Principally, The Office of the Prosecutor v Jean Pierre Bemba Gombo concerned allegations of war crimes committed in the Central African Republic against Mr. Jean Pierre Bemba, the former Commander of Mouvement de liberation du Congo armed forces. The Trial Chamber of the International Criminal Court convicted Mr. Bemba of all charges leveled against him. On appeal, the Appeals Chamber freed Mr. Bemba on the grounds of weak evidence submitted by the Office of the Prosecutor. This article uses Bemba’s case at the Appeals Chamber to assess the investigation and collection of evidence by the Office of the Prosecutor. The article argues that weak evidence noted by the Appeal’s chamber resulted from a weak investigation by the Office of the Prosecutor. The article further discusses that the Office of the Prosecutor failed to conduct an investigation that could cover all relevant facts and evidence. The article also argues that in Bemba’s case, the Office of the Prosecutor failed to receive necessary cooperation from the Central African Republic that would have strengthened the investigation. The article shows that in cases where the Office of the Prosecutor managed to obtain the required cooperation from States, it conducted a thorough investigation and collected strong evidence that enabled successful prosecution before the International Criminal Court. Finally, the article suggests the necessary measures that the Office of the Prosecutor needs to take into account for effective investigation and collection of evidence. In this regard, the article also recommends how States can accord the Office of the Prosecutor all the required cooperation.
Abstract: Principally, The Office of the Prosecutor v Jean Pierre Bemba Gombo concerned allegations of war crimes committed in the Central African Republic against Mr. Jean Pierre Bemba, the former Commander of Mouvement de liberation du Congo armed forces. The Trial Chamber of the International Criminal Court convicted Mr. Bemba of all charges leveled again...
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