Partner Emmanuel Gaillard (Paris-International Arbitration) published an article on "Abuse of Process in International Arbitration" in ICSID Review 2016.
Abuse of process has become increasingly frequent in the fields of international commercial arbitration and investment treaty arbitration over the past decades. A true instance of abuse of process denotes conduct that is prima facie legal and that cannot be redressed through the application of established rules of procedure or due process. Drawing on arbitral case law and the author's experience as arbitrator and counsel, this article identifies categories of abuse of process that arise in contemporary arbitral practice and proposes legal tools that can effectively tackle this growing phenomenon.
View full article, Abuse of Process in International Arbitration in ICSID Review 2016.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
