| ID | 136538 |
| Title Proper | Abuse of process in international investment arbitration |
| Language | ENG |
| Author | Ascensio, Hervé |
| Summary / Abstract (Note) | Abuse of process has been regularly invoked before international arbitral tribunals to dismiss INVESTMENT claims. Because of its multifaceted character, the concept deserves a careful analysis in the light of international and comparative law. In investment arbitration, it is mentioned sometimes as a mere preoccupation justifying the teleological interpretation of a treaty, sometimes as the motive for the adoption of a new arbitration rule, and sometimes as a legal principle limiting access to arbitration. This article studies the different situations deemed to be abusive in the practice of investment tribunals, ranging from frivolous claims to conduct undermining the integrity of the arbitral procedure. An overall analysis reveals the main features of abuse of process as a legal principle, and its potentialities for the emergence of a system of investment arbitration. |
| `In' analytical Note | Chinese Journal of International Law Vol.13, No.4; Dec.2014: p.763-785 |
| Journal Source | Chinese Journal of International Law Vol: 13 No 4 |
| Standard Number | International Law |