World Duty Free Company Limited v. Republic of Kenya

Abstract

Admissibility — Investment procured through bribe — Whether bribe contrary to international public policy — Concept of international public policy — International consensus as to universal standards and accepted norms of conduct — Whether bribe contrary to domestic laws and public policy — ICSID Convention, Article 52 — Whether public policy can be a ground for annulment — Whether payment of bribe is a separate transaction from investment

Admissibility — Contract, avoidance of — Unequivocal and timely avoidance of contract

State responsibility — Attribution — Whether knowledge of bribe by state official attributable to the State

Applicable law — Conflicting clauses in investment agreement relating to applicable law — ICSID Convention, Article 42(1)

Jurisdiction — Bribe, effect on arbitration clause in an investment contract — Lack of evidence that bribe was to procure specific arbitration clause

Costs — Allocation of costs between parties — Why successful party should not recover costs — ICSID Arbitration Rules, Article 28(1)