International Investment Arbitration and Inappropriately Obtained Evidence: A Structured Test for Tribunals
Hacked emails, leaked internal documents, and anonymously delivered correspondence have surfaced in a string of recent arbitrations — from the Court of Appeal's ruling in Ras Al Khaimah Investment Authority v Azima on hacked email correspondence, to cases where anonymous letters containing privileged communications were sent directly to opposing counsel. Tribunals keep reaching different conclusions, because arbitration rules give them broad discretion over admissibility but little concrete guidance on how to exercise it.
International Investment Arbitration and Inappropriately Obtained Evidence by Aleksander Godhe addresses that gap directly for investment tribunals, proposing a structured evidentiary test built on doctrinal, empirical, and comparative analysis rather than case-by-case improvisation. It surveys how investment tribunals, international courts, and domestic courts have actually handled contested evidence, and sets out a framework for balancing probative value against the degree of impropriety involved in obtaining it.
Practically, the book supports three recurring scenarios: a party deciding whether to rely on leaked or hacked material it has received from a third party; a respondent state or investor objecting to evidence on the grounds of how it was obtained; and a tribunal itself, weighing whether to admit contested material without an established doctrinal framework to lean on.
For an academic or institutional law library, this is currently the only book-length treatment of the issue specifically in the investment arbitration context, complementing broader evidence and procedure titles in the arbitration collection.
CLNZ Books ships this title worldwide, with invoicing available for institutional and library orders.
Q&A
Q: Why is inappropriately obtained evidence a growing issue in investment arbitration?
A: Hacked emails and leaked documents have surfaced in several recent arbitrations, including UK court proceedings over hacked correspondence, and tribunals have reached inconsistent conclusions on whether to admit such material.
Q: What does the book's proposed evidentiary test balance?
A: The probative value of the contested evidence against the degree of impropriety involved in how it was obtained.
Q: Does the book only discuss theory, or does it offer a practical framework?
A: Both — it combines doctrinal, empirical, and comparative analysis with a structured test tribunals can apply directly.
Q: Who is the author?
A: Aleksander Godhe, whose research focuses on evidentiary and procedural questions in international investment arbitration.
Q: Where can I buy International Investment Arbitration and Inappropriately Obtained Evidence?
A: Through CLNZ Books, with worldwide shipping and institutional invoicing available.