Abstract

Embracing Practical Solutions in Dealing with the Distinct Shades of Abuse of Process in Investment Arbitration

Alastair Simon Chetty

English

This paper critically analyses the development and evolution of jurisprudence relating to the abuse of process in investment arbitration. A survey of 30 key awards since 2001 reveals four distinct groups of abuse of process cases that follow a particular path of jurisprudential development and call for the application of distinct legal mechanisms. A quest to conceive and apply a one-size-fit-all approach will not suffice and could potentially be counterproductive. The article also addresses the legal solutions in existence today to prevent and/or manage abuses of process, which ought to be better appreciated as the most practical way forwards.