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4 The Application of Abuse of Rights in Arbitration

From: Abuse of Rights in International Arbitration

Ahmed El Far

From: Oxford Legal Research Library (http://olrl.ouplaw.com). (c) Oxford University Press, 2015. All Rights Reserved.date: 21 September 2020

Subject(s):
Choice of law — Arbitral tribunals — Conduct of proceedings — Due process — Arbitration

This chapter assesses the importance of applying the principle of abuse of rights in international arbitration. It is argued that the principle of abuse of rights is necessary in international arbitration as it ensures the good administration of arbitral justice. As the different intrinsic elements of the administration of arbitral justice often compete—fairness, due process, and efficiency—where tribunals frequently sacrifice one element to preserve another, it is important to articulate how the principle may be effective to deal with such tensions. The chapter then looks at the rising phenomenon of abuse and examines how the application of the principle may ensure the good administration of arbitral justice.

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