Bribery and corruption, accompanied always with international commercial transactions, appear in international commercial arbitration cases inevitably.The counterplea of corruption emerged initially among the dispute of general commercial contracts tried by the arbitration court of ICC, which was subsequently introduced into the settlement of the investment disputes between the investors and hosts accepted by ICSID.Through the ICSID's relevant cases, we could reveal that if investors' projects were gained by bribery, in case of disputes triggered by hosts' nationalization or imposition, the hosts would employ the strategy of corruption counterplea to protect their own interests and eliminate the legal duties they should burden.The Chinese enterprises, who are seeking "going-out" expansion of oversea investment, ought to treat it as a reminder while the arbitration tribunal is more inclined to accept the corruption plea.%贿赂与腐败时刻伴随着跨国商事交易,也不可避免地出现在国际商事仲裁案件中.腐败抗辩最早出现于国际商会仲裁院审理的普通商事合同纠纷,随后被引入解决投资争端国际中心受理的投资者与东道国之间投资争议的解决之中.通过解决投资争端国际中心审理的相关案件可以看出,投资者的投资项目如果是通过贿赂方式取得,当投资者与东道国因国有化或征收等发生争议时,东道国会积极运用腐败抗辩策略保护自身利益,试图摆脱其应承担的法律责任,而仲裁庭也越来越倾向于接受腐败抗辩,这对于在"走出去"战略背景下进行海外投资经营的中国企业而言,无疑具有重要的警示作用.
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