Fruits of the Poisonous Tree: The Admissibility of Unlawfully Obtained Evidence in International Arbitration
Article from: TDM 5 (2015), in Investor-State Disputes - International Investment Law
One of the most interesting features of the three awards handed down in the arbitrations brought by the Yukos majority shareholders against the Russian Federation (hereinafter referred to as the "Yukos Majority Awards") was the tribunal's extensive reliance on illegally obtained evidence. Specifically, the tribunal relied on confidential diplomatic cables from the United States Department of State that had been published on WikiLeaks. WikiLeaks first began publishing confidential diplomatic cables on November 28, 2010, nearly three months after the first investment ...