Abuse of process
Résumé
This entry examines abuse of process. Abuse of process has become a commonplace allegation in proceedings before international courts and tribunals, especially in investment arbitration. Several factors account for variations in applying abuse of process and the International Court of Justice (ICJ)’s reluctance, including the nature of parties and the specificity of interstate proceedings. The entry explains that interstate courts, investment tribunals, and other international adjudicative bodies have contributed to shaping the abuse of process doctrine in general international law. It then details the applicable standards governing the abuse of process claims in international investment law and general international law.