Злоупотребление правом в международном арбитраже

Теоретическая и прикладная юриспруденция. 2024. № 2. С. 73–82.

Maksimov D. M., Pakshin P.

The article deals with the phenomenon of abuse of law in international arbitration that seems to be an
extremely relevant subject for study due to the development of transnational economic relations. At the
same time, various types of abuse in arbitration make us think about developing a certain classification
of all cases of abuse of law. The purpose of this article is to comprehensively consider the types of abuse of law in international arbitration and the prospects for countering such abuses, as well as to
develop a theoretical basis for such countering based on world experience. In this study, the delay in
the process, challenging the competence of arbitration, abuse of information disclosure and exchange
of documents, the transfer of the assets of debtor to affiliates or third parties, a fraudulent application
for bankruptcy of the debtor, as well as lies to arbitrators and fake evidence were considered. At the
same time, the article notes the problem of the lack of mandatory ethical standards in international
arbitration and the insufficient powers of arbitrators in the process. The authors conclude that it is
necessary to continue work on ethical codes of conduct. In addition, it is concluded that it is necessary to
apply liability measures and “procedural sanctions”. In this regard, we are ready for regulatory changes
and the implementation of the “ethical review”, that is necessary for positive changes in arbitration.
Keywords: abuse of law, international commercial arbitration, international investment arbitration,
arbitration process, dispute resolution.

Keywords: арбитражный процесс, международный коммерческий арбитраж, злоупотребление правом, arbitration process, международный инвестиционный арбитраж, international commercial arbitration, разрешение споров, international investment arbitration, abuse of law, dispute resolution