Kluwer: What is the Role of the Abuse of Process Doctrine When the Illegitimate Commencement of Investment Arbitration Proceedings is Concerned?
Published on February 28, 2025
By Ksenia Polonskaya (Carleton University, Department of Law and Legal Studies) and Alexa Hajjar (Carleton University, Department of Law and Legal Studies)
Investment tribunals are well-known to examine the abuse of rights doctrine in various contexts, including illegitimate corporate restructuring (Phillip Morris v Australia, para. 588; Lao Holdings v Laos I, para. 70; Alverley v Romania, para. 380), bad faith conduct (Phoenix v Czech Republic, paras.143-44; WCV World Capital Ventures Cyprus Ltd v Czech Republic, paras. 477-478),...