TITLE

‘Good Faith’, ‘Abuse of Process’ and the Initiation of Investment Treaty Claims

AUTHOR(S)
De Brabandere, Eric
PUB. DATE
November 2012
SOURCE
Journal of International Dispute Settlement;Nov2012, Vol. 3 Issue 3, p609
SOURCE TYPE
Academic Journal
DOC. TYPE
Article
ABSTRACT
The principle of ‘good faith’ in assessing the initiation of investment treaty claims has manifestly become an important rule of international investment arbitration. From a procedural perspective, ‘good faith’ plays a significant role at the jurisdictional stage of international arbitral proceedings; for questions relating to whether the investment was acquired in ‘good faith’ or whether investor’s initiation of a claim is made in ‘good faith’, in order to avoid an abuse of the arbitral process. Such assessments, procedurally speaking, can be characterized either as a question that goes to the jurisdiction of the arbitral tribunal and thus to the consent to arbitration, or as a question of the admissibility of the claim. This article will examine the position of the principles of ‘good faith’ and ‘abuse of process’ in the assessment by investment tribunals of their jurisdiction and the admissibility of the claim. In doing so, this article will show that the application of these principles in international investment arbitration may play an important role in shielding tribunals from abusive submissions, and thus avoiding abuses of the arbitral procedure and the direct access of foreign investors to international arbitration.
ACCESSION #
90292006

 

Related Articles

  • Deference in Investment Treaty Arbitration: Re-conceptualizing the Standard of Review. Schill, Stephan W. // Journal of International Dispute Settlement;Nov2012, Vol. 3 Issue 3, p577 

    The standard of review to be applied by investment treaty tribunals when reviewing host state conduct is a crucial, but still insufficiently analysed issue. Although tribunals frequently make reference to ‘deference’ as the applicable standard, the criteria they apply to concretize...

  • Standard of Review and ‘Scientific Truths’ in the WTO Dispute Settlement System and Investment Arbitration. Fukunaga, Yuka // Journal of International Dispute Settlement;Nov2012, Vol. 3 Issue 3, p559 

    Countries may adopt conflicting policies, such as food safety regulations, based on conflicting views on the ‘scientific truth’, and trade or investment disputes may arise between countries claiming different ‘scientific truths’. If such a dispute is referred to the...

  • International Litigation and Arbitration. Blumrosen, Alexander // International Law News;Summer2010, Vol. 39 Issue 2, p3 

    An introduction to the journal is presented in which the editor discusses an article on the decisions of the International Centre for Settlement of Investment Disputes (ICSID) ad hoc annulment committees by Maria Vicien-Milburn and Yulia Andreeva, on the developments in the arbitration of the...

  • Syria peace talks face delay. Investor's Business Daily // Investors Business Daily;10/31/2013, pA02 

    The U.S. and Russia are split, Reuters reported: The U.S. wants the Syrian National Coalition — the lead opposition group — at the table. Russia wants more rebel groups — including one tolerated by the Damascus regime. Thus the meeting could break down to squabbling among...

  • THE UNIDROIT PRINCIPLES OF INTERNATIONAL COMMERCIAL CONTRACTS AND INVESTMENT TREATY ARBITRATION: A LIMITED RELATIONSHIP. Hepburn, Jarrod // International & Comparative Law Quarterly;Oct2015, Vol. 64 Issue 4, p905 

    The UNIDROIT Principles of International Commercial Contracts have appeared in a small but steady trickle of investment treaty arbitrations over the last decade. This article considers the use of the Principles by investment tribunals on questions of both domestic law and international law. It...

  • Jurisdictional conflict and dialogue of international courts in the course of fragmentation of international law. Plotnikov, A. V. // Russian Juridical Journal / Rossijskij Juridiceskij Zurnal;Jul2012, Vol. 84 Issue 4, p108 

    A conflict of jurisdictions and the interaction of international courts in light of the fragmentation effects of the international legal system are considered. International justice is undergoing qualitative variation as a result of proliferation of international courts and imperativisation...

  • THE MULTIPLICATION OF INTERNATIONAL JURISDICTIONS AND THE INTEGRITY OF INTERNATIONAL LAW. Arévalo, Luis Barrionuevo // ILSA Journal of International & Comparative Law;Fall2008, Vol. 15 Issue 1, p49 

    While the multiplication of international courts shows the vitality and versatility of international law, it can also create serious problems for its unity and coherence and ultimately lead to its fragmentation. After briefly analyzing the reasons for the expansion of international...

  • THE NEW WORLD COURT. Hudson, Manley O // Foreign Affairs;Oct45, Vol. 24 Issue 1, p75 

    This article focuses on the new international court of justice. The U.S. and the Soviet Union, which had not given their support to the old World Court, will participate in maintaining the new one. The fact warrants hope for a significant advance in the pacific settlement of international...

  • Mysteries over Saudi City court. Willems, Melanie // Lawyer;11/12/2012, p8 

    The article focuses on the Saudi Arabian government's plans to open an arbitration center in London, England. Topics include the Saudi Arabian lobbying of the British government, why they wish to have London as the venue for dispute resolution, and why contracts would have to be written...

Share

Read the Article

Courtesy of THE LIBRARY OF VIRGINIA

Sorry, but this item is not currently available from your library.

Try another library?
Sign out of this library

Other Topics