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Contents
- Preliminary Material
- Main Text
- Introduction and Delimitation of the Subject
- 1 Abuse of Rights in National Legal Systems and International Law
- Preliminary Material
- I Introduction
- II Abuse of Rights in Civil Legal Systems
- III Abuse of Rights in the Common Law
- IV Abuse of Rights in International Law
- V Conclusion
- 2 Commentary on the Principle: Conditions of Application and Limitation
- Preliminary Material
- I Introduction
- II Conditions of Application
- 2.06
- 2.07
- 2.08
- A The Existence of a Legal Right
- B Abuse of the Right
- 2.41
- 2.42
- 2.43
- 2.44
- 1 Exercise of the right with an intent to harm
- 2 Exercise of the right for a purpose other than that for which it was granted
- 3 The unreasonable exercise of the right: the balancing factor
- 4 The exercise of the right in good faith
- III Abuse of Rights: Areas of Concern
- IV Conclusion
- 3 The Nature of Abuse of Rights in International Arbitration
- Preliminary Material
- I Introduction
- II The Definition of a Principle in the Context of General Principles of Law
- III Abuse of Rights: A General Principle of Law in International Commercial and Investment Arbitration
- 3.18
- 3.19
- 3.20
- 3.21
- 3.22
- 3.23
- 3.24
- 3.25
- 3.26
- A General Principle of Substantive Law
- B General Principle of Arbitral Procedure
- C Is It an Overriding Principle of Law?
- IV Conclusion
- 4 The Application of Abuse of Rights in Arbitration
- Preliminary Material
- I Introduction
- II Good Administration of Arbitral Justice
- III It Ensures the Administration of Arbitral Justice
- 4.43
- 4.44
- 4.45
- 4.46
- 4.47
- 4.48
- 4.49
- 4.50
- 4.51
- 4.52
- A The Rising Phenomenon of Abuse of Rights Obstructs the Good Administration of Arbitral Justice
- B Abuse of Rights Balances the Competing Interests of the Administration of Justice: Due Process and Fairness versus Efficiency
- C The Application of Abuse of Rights Ensures the Good Administration of Arbitral Justice
- 4.85
- 4.86
- 4.87
- 4.88
- 1 Corporate and State manoeuvres to access or block international arbitration proceedings
- 2 Parallel arbitral proceedings
- 3 The extension of arbitration clause to a non-signatory
- IV Conclusion
- 5 Conclusion
- Further Material