Abusive Claims

Abuse of Rights, Abusive Claims, Investment Arbitration, Investment Disputes, Investment Treaties, ISDS

, (Carleton University, Department of Law and Legal Studies)/ /Leave a comment

Investment tribunals are well-known to examine the abuse of rights doctrine in various contexts, including illegitimate corporate restructuring (Phillip Morris v Australia, para. 588; Lao Holdings v Laos I, para. 70; Alverley v Romania, para. 380), bad faith conduct (Phoenix v Czech Republic, paras.143-44; WCV World Capital Ventures Cyprus Ltd v Czech Republic, paras. 477-478),…

Abusive Claims, Estoppel, Parallel Proceedings, Set aside an arbitral award, Singapore, Stay of Proceedings

(HFW Singapore LLP) and (WongPartnership LLP)/ /Leave a comment

In the recent Singapore High Court (“Court”) case of DJA v DJB [2024] SGHCR 10 (“DJA v DJB”), the Court was tasked with determining the novel question of whether the general legal principles for an application for a case management stay apply when an applicant seeks a case management stay of its own application to…

Abusive Claims, Investor-State arbitration, Paris Arbitration Week

, , (Curtis, Mallet-Prevost, Colt & Mosle LLP)/ /Leave a comment

As part of 2023 Paris Arbitration Week (“PAW”), Curtis hosted a webinar on “Affaires d’Etats: Abusive Claims Against States and How to Fight Them”. This was the second edition in the “Affaires d’Etats” series initiated by Curtis last year during 2022 PAW. This year’s panel addressed the growing sentiment in some quarters, including in the…