International Investment Arbitration and Inappropriately Obtained Evidence

Aleksander Godhe

ISBN: 9781041094777

Published: August 2026

Format: Hardcover

Language: English

Publisher: Routledge

Description

Investment tribunals hold broad procedural discretion, yet clear guidance on handling inappropriately obtained evidence — material obtained through hacking, leaks, or other improper means — remains scarce, risking inconsistent and unfair outcomes. This book addresses that gap directly, proposing a structured evidentiary test built on doctrinal, empirical, and comparative analysis. It surveys relevant case law from investment arbitration, international courts, and domestic tribunals, and sets out key principles such as evidentiary discretion and tribunal duties, before offering tribunals a practical framework for balancing the probative value of contested evidence against the degree of impropriety in how it was obtained.

Key Features

Proposes a structured, usable evidentiary test rather than leaving tribunals to reason from first principles case by case. Draws on empirical review of how tribunals have actually handled leaked or improperly obtained evidence, not just doctrinal argument. Situates the analysis within broader debates on state conduct and systemic reform in investment arbitration, making it relevant beyond the immediate evidentiary question.

Coverage

Introduction; key concepts and contexts; tribunal duties in relation to inappropriately obtained evidence; current and future trends in exclusion of such evidence; domestic laws and the practice of international courts and tribunals; the proposed evidentiary test; conclusion and outlook.

About the Author

Aleksander Godhe researches and writes on evidentiary and procedural questions in international investment arbitration, with this volume drawing on doctrinal, empirical, and comparative methods.

Table of Contents

1. Introduction
2. Key Concepts and Contexts
3. Tribunal Duties and Inappropriately Obtained Evidence
4. Current and Future Trends in the Exclusion of Inappropriately Obtained Evidence
5. Domestic Laws and The Practice of International Courts and Tribunals
6. The Evidentiary Test for the Treatment of Inappropriately Obtained Evidence
7. Conclusion and Outlook

Why buy this book?

As leaked documents, hacked communications, and whistle-blower material increasingly surface in investment disputes, tribunals need more than ad hoc reasoning to decide whether to admit them. This is the first book-length treatment to propose a workable test, making it a genuinely practical resource for arbitrators and counsel confronted with contested evidence, not just a doctrinal survey.

Keywords

inappropriately obtained evidence, investment arbitration evidence, evidentiary discretion, ISDS procedure, leaked evidence arbitration, tribunal duties, investor-state dispute settlement

Target Audience

Investment arbitration practitioners, arbitrators, in-house legal counsel, academic law libraries

Genre

Arbitration and Alternative Dispute Resolution, International Investment Law

Q&A

Q: What problem does this book address?
A: The lack of clear guidance for investment tribunals on whether and how to admit evidence that was obtained inappropriately, such as through hacking or leaks.

Q: What does the proposed evidentiary test balance?
A: The probative value of the contested evidence against the degree of impropriety involved in how it was obtained.

Q: Is this book doctrinal or practical?
A: Both — it combines doctrinal, empirical, and comparative analysis with a structured framework tribunals can actually apply.

Q: Who is the author?
A: Aleksander Godhe, whose research focuses on evidentiary and procedural issues in international investment arbitration.

Q: Where can I buy International Investment Arbitration and Inappropriately Obtained Evidence?
A: Through CLNZ Books, with worldwide delivery for university libraries, law firms, and individual professionals.

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