Cantitate/Preț
Produs

Abuse of Rights in International Arbitration

Autor Ahmed El Far
en Limba Engleză Hardback – 5 feb 2020
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.
Citește tot Restrânge

Preț: 67320 lei

Preț vechi: 92381 lei
-27% Nou

Puncte Express: 1010

Preț estimativ în valută:
12884 13383$ 10702£

Carte tipărită la comandă

Livrare economică 24-30 ianuarie 25

Preluare comenzi: 021 569.72.76

Specificații

ISBN-13: 9780198850380
ISBN-10: 0198850387
Pagini: 276
Dimensiuni: 177 x 253 x 21 mm
Greutate: 0.67 kg
Editura: OUP OXFORD
Colecția OUP Oxford
Locul publicării:Oxford, United Kingdom

Notă biografică

Dr. Ahmed El Far, Associate, Three Crowns LLP; Associate Editor of the International Journal of Arbitration, Mediation and Dispute Management, published by the Chartered Institute of Arbitrators; holds a PhD from Queen Mary University of London; LLM from New York University; and LLB from Cairo University.