Abuse of Rights in International Arbitration

by Ahmed El Far

Overview

In recent years, international arbitration has become plagued by different forms of substantive and procedural abuse. For example, we have witnessed a rise in cases where parties restructure their investments in an abusive manner by altering one of its features purely to gain access to ICSID arbitration. Similarly, the increasingly common practice of initiating parallel arbitral proceedings in order to maximise a party's chances of success, and the undesirable possibility of inconsistent decisions pose a risk to standards of fairness. Abusive practices designed by parties to prejudice their opponents may undermine the fair resolution of disputes and frustrate the administration of arbitral justice. There are pre-existing tools and legal rules that can be utilised to prevent abuse. However, these tools are inherently rigid in their application and fail to remedy all forms of abuse.

Abuse of Rights in International Arbitration introduces the principle of abuse of rights and considers its application as a general principle of law to prevent different forms of substantive and procedural abuse in international arbitration. The virtue of a single theory with a wide scope and an overarching premise is that it is a principle, which involves equity considerations, enjoys the flexibility of general principles of law, and can address different abusive behaviours. The author carefully examines the legal basis and core elements of abuse of rights and analyses the relevant case law to address how the principle may affect the administration of arbitral justice. Arguing for the application of abuse of rights as a general principle of law, the author expertly examines how it could apply in both international commercial and investment arbitration to tackle procedural misconduct and different abusive practices.

Product Details

ISBN-13:	9780198850380
Publisher:	Oxford University Press
Publication date:	03/03/2020
Pages:	276
Product dimensions:	9.80(w) x 6.80(h) x 0.90(d)

About the Author

Ahmed El Far, Associate, Shearman & Sterling LLP

Dr. Ahmed El Far, Associate in Shearman & Sterling's International Arbitration Group; Associate Editor of the International Journal of Arbitration, Mediation and Dispute Management, published by the Chartered Institute of Arbitrators; holds a PhD from Queen Mary University of London; LLM from New York University; and LLB from Cairo University.

Table of Contents

1: Abuse of Rights in National Legal Systems and International Law2: Commentary on the Principle: Confitions of Application and Limitation3: The Nature of Abuse of Rights in International Arbitration4: The Importance of Applying Abuse of Rights in International Arbitration