Iuris Dictio (Dec 2018)

Abuse of law in international investment arbitration: The one who exercises his/her right, does it ofend anyone?

  • Macarena Bahamonde,
  • Christel Gaibor

DOI
https://doi.org/10.18272/iu.v22i22.1147
Journal volume & issue
Vol. 22, no. 22

Abstract

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Recently, many international arbitral tribunals have dismissed investment claims based on the abuse of rights doctrine. The practice of investment tribunals reveals different situations, which may be considered as an abuse of rights practice in the future. This article examines the importance of applying in International Investment Arbitration as a way of avoiding abusive submissions.