Use this URL to cite or link to this record in EThOS: https://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.766215
Title: Abuse of rights in international arbitration
Author: El Far, Ahmed Mohsen
ISNI:       0000 0004 7653 9221
Awarding Body: Queen Mary University of London
Current Institution: Queen Mary, University of London
Date of Award: 2018
Availability of Full Text:
Access from EThOS:
Full text unavailable from EThOS. Please try the link below.
Access from Institution:
Abstract:
While international arbitration offers the prominent scheme for resolution of transnational disputes, the arbitration community must constantly examine areas of concern. Any system of justice, including the arbitration system, is not meant for abuse. Thus, it would be paradoxical to support a mischief that the arbitration system seeks to obviate. This could cast doubts as to the system's efficiency and induce distrust in a system formed to accommodate parties' interests and uphold their common intentions. In recent years, international arbitration has been plagued by different forms of procedural abuse. Abusive practices developed by parties may undermine the fair resolution of disputes and frustrate the administration of arbitral justice. There are pre-existing tools and legal rules at the disposal of arbitrators that can be utilised to prevent abuse and administer arbitral justice. However, these tools are inherently rigid in their application. The thesis introduces the principle of abuse of rights in international arbitration and argues for its application as a general principle of law to prevent the transmogrification of international arbitration into a process profoundly tainted with abuse. The virtue and efficacy of a single theory with a wide scope of application and an overarching premise, is that it can be used to address different abusive behaviours, and equally enjoys the flexibility of general principles of law.
Supervisor: Not available Sponsor: Not available
Qualification Name: Thesis (Ph.D.) Qualification Level: Doctoral
EThOS ID: uk.bl.ethos.766215  DOI: Not available
Keywords: INTERNATIONAL ARBITRATION ; arbitral justice ; abuse of rights ; dispute settlement
Share: