Abuse of Process in International Investment Arbitration

Abstract

Abuse of process has been regularly invoked before international arbitral tribunals to dismiss investment claims. Because of its multifaceted character, the concept deserves a careful analysis in the light of international and comparative law. In investment arbitration, it ismentioned sometimes as amere preoccupation justifying the teleological interpretation of a treaty, sometimes as the motive for the adoption of a newarbitration rule, and sometimes as a legal principle limiting access to arbitration. This article studies the different situations deemed to be abusive in the practice of investment tribunals, ranging from frivolous claims to conduct undermining the integrityof the arbitral procedure.An overall analysis reveals the main features of abuse of process as a legal principle, and its potentialities for the emergence of a system of investment arbitration.