0
Your cart

Your cart is empty

Browse All Departments
  • All Departments
Price
  • R2,500 - R5,000 (1)
  • -
Status
Brand

Showing 1 - 1 of 1 matches in All Departments

Abuse of Rights in International Arbitration (Hardcover): Ahmed El Far Abuse of Rights in International Arbitration (Hardcover)
Ahmed El Far
R3,966 Discovery Miles 39 660 Ships in 10 - 15 working days

In recent years, international arbitration has become plagued by different forms of substantive and procedural abuse. For example, we have witnessed a rise in cases where parties restructure their investments in an abusive manner by altering one of its features purely to gain access to ICSID arbitration. Similarly, the increasingly common practice of initiating parallel arbitral proceedings in order to maximise a party's chances of success, and the undesirable possibility of inconsistent decisions pose a risk to standards of fairness. Abusive practices designed by parties to prejudice their opponents may undermine the fair resolution of disputes and frustrate the administration of arbitral justice. There are pre-existing tools and legal rules that can be utilised to prevent abuse. However, these tools are inherently rigid in their application and fail to remedy all forms of abuse. Abuse of Rights in International Arbitration introduces the principle of abuse of rights and considers its application as a general principle of law to prevent different forms of substantive and procedural abuse in international arbitration. The virtue of a single theory with a wide scope and an overarching premise is that it is a principle, which involves equity considerations, enjoys the flexibility of general principles of law, and can address different abusive behaviours. The author carefully examines the legal basis and core elements of abuse of rights and analyses the relevant case law to address how the principle may affect the administration of arbitral justice. Arguing for the application of abuse of rights as a general principle of law, the author expertly examines how it could apply in both international commercial and investment arbitration to tackle procedural misconduct and different abusive practices.

Free Delivery
Pinterest Twitter Facebook Google+
You may like...
Midnights
Taylor Swift CD R418 Discovery Miles 4 180
Playstation 4 Replacement Case
 (9)
R56 Discovery Miles 560
Puzzle Sets: Sequencing
R59 R56 Discovery Miles 560
Microsoft Xbox Series X Console (1TB)
 (21)
R14,999 Discovery Miles 149 990
Jabra Elite 5 Hybrid ANC True Wireless…
R2,899 R2,399 Discovery Miles 23 990
The Lion King - Blu-Ray + DVD
Blu-ray disc R344 Discovery Miles 3 440
Bestway Swim Ring (56cm)
R50 R45 Discovery Miles 450
Nintendo Labo Customisation Set for…
R257 R119 Discovery Miles 1 190
Tenet
John David Washington, Robert Pattinson Blu-ray disc  (1)
R54 Discovery Miles 540
Carbon City Zero - A Collaborative Board…
Rami Niemi Game R656 Discovery Miles 6 560

 

Partners