Jump to Content Jump to Main Navigation

5 Conclusion

From: Abuse of Rights in International Arbitration

Ahmed El Far

From: Oxford Legal Research Library (http://olrl.ouplaw.com). (c) Oxford University Press, 2021. All Rights Reserved.date: 16 January 2021

Subject(s):
Choice of law — General principles of international law — Arbitral tribunals — Arbitration

This concluding chapter summarizses the legal questions discussed and the findings of each question examined. In order to examine whether abuse of rights can be considered a general principle of law, the principle’'s recognition in all systems of law is not required. As a legal principle, its recognition and application naturally varies from one jurisdiction to another. Similarly, the manner in which the principle is regulated and applied by courts may vary. Nevertheless, the importance of endorsing a general principle of abuse of rights is not only mandated by its role in ensuring the administration of justice, but also owing to its comprehensiveness and its ability to remedy forms of abuse that other rules fail to remedy. The chapter then provides recommendations and considerations, the adherence to which may limit the rising phenomenon of abuse in international arbitration.

Users without a subscription are not able to see the full content. Please, subscribe or login to access all content.