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Philip morris Asia Ltd. v. Australia - Abuse of rights in investor-State arbitration

Linderfalk, Ulf LU (2017) In Nordic Journal of International Law 86(3). p.403-419
Abstract

This case-note analyses the international award recently published in the case of Philip Morris Asia Limited v. The Commonwealth of Australia. Engaging particularly with the application of the Arbitration Tribunal of the abuse of rights doctrine, the note addresses, in the light of this award, a series of questions that continue to perplex international investment lawyers. How should the concept of abuse of rights be defined? What is the status of the abuse of rights doctrine in international law? What is the relationship between the abuse of rights doctrine and the foreseeability test? What is the significance of the demonstration of bad faith on the part of an investor for the application of the abuse of rights doctrine?.

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author
organization
publishing date
type
Contribution to journal
publication status
published
subject
keywords
abuse of rights, foreseeability, bad faith, good faith, international investment arbitration
in
Nordic Journal of International Law
volume
86
issue
3
pages
17 pages
publisher
Brill Academic Publishers
external identifiers
  • scopus:85030556574
ISSN
0902-7351
DOI
10.1163/15718107-08603002
language
English
LU publication?
yes
id
23836121-c6e0-463f-acac-1e1a3c661d29
date added to LUP
2017-10-16 14:36:23
date last changed
2018-01-07 12:22:38
@article{23836121-c6e0-463f-acac-1e1a3c661d29,
  abstract     = {<p>This case-note analyses the international award recently published in the case of Philip Morris Asia Limited v. The Commonwealth of Australia. Engaging particularly with the application of the Arbitration Tribunal of the abuse of rights doctrine, the note addresses, in the light of this award, a series of questions that continue to perplex international investment lawyers. How should the concept of abuse of rights be defined? What is the status of the abuse of rights doctrine in international law? What is the relationship between the abuse of rights doctrine and the foreseeability test? What is the significance of the demonstration of bad faith on the part of an investor for the application of the abuse of rights doctrine?.</p>},
  author       = {Linderfalk, Ulf},
  issn         = {0902-7351},
  keyword      = {abuse of rights,foreseeability, bad faith,good faith,international investment arbitration},
  language     = {eng},
  number       = {3},
  pages        = {403--419},
  publisher    = {Brill Academic Publishers},
  series       = {Nordic Journal of International Law},
  title        = {Philip morris Asia Ltd. v. Australia - Abuse of rights in investor-State arbitration},
  url          = {http://dx.doi.org/10.1163/15718107-08603002},
  volume       = {86},
  year         = {2017},
}