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2 Commentary on the Principle: Conditions of Application and Limitation

From: Abuse of Rights in International Arbitration

Ahmed El Far

From: Oxford Legal Research Library (http://olrl.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 14 July 2024

Damages — Moral damages — Specific performance — Arbitration

This chapter addresses the particulars of the principle of abuse of rights, articulating its conditions of application and shedding light on any concerns that may arise from its application. An examination of the principle’s application reveals that there is consensus among the different laws on the principal elements of abuse of rights. Precisely, the application of abuse of rights assumes the existence of an acknowledged legal right; and that such right ceases legal protection given that it has been abused by the right holder. Moreover, the act in question must have caused harm to the other party. The damage or loss sustained may be material or moral damages. Once a court is satisfied that an abuse is established, it will either award damages to the aggrieved party or grant specific performance.

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