A Strategy for Defeating Objections to Jurisdiction Based on Investment-Establishment Illegality

Imagine this situation.

You are the legal counsel for the investor an investment-treaty arbitration. The investor looks like it has a good claim. It also looks like the arbitral tribunal has jurisdiction to hear this claim, but your opposition surprises you: the investor has participated in corruption in the process of making its investment. The evidence is overwhelming. The case looks lost. Is there anything that you can do?

In this video, Dr. Martin Jarrett introduces a new strategy for defeating such jurisdictional objections, specifically using the doctrine of duress.