Abuse of Rights in International Arbitration
Professor Stavros Brekoulakis (Principal Supervisor),
Professor in International Arbitration and Commercial Law,
Director of Research,
Centre for Commercial Law Studies
Professor Julian DM Lew QC (Second Supervisor)
Head of School of International Arbitration
Summary of research:
While international arbitration offers the prominent scheme for resolution of transnational commercial and investment disputes, the arbitration community must constantly strive to examine areas of concern. Lacking an innovative tool to tackle conundrums affecting the good administration of justice may push users away from international arbitration.
Any system of justice, including the arbitration system, is not meant for abuse. Thus, it would be mordant to support a mischief that the arbitration system seeks to obviate. This could cast doubts as to the system’s efficiency, induce distrust, and incentivise disbelief in the worthiness of the system that was formed to accommodate parties’ interests and uphold their common intentions.
The thesis introduces the principle of abuse of rights in international arbitration and argues for its application as a general principle of law to prevent the transmogrification of international arbitration to a process profoundly tainted with abuse.
Ahmed El Far is currently undertaking his Ph.D at the School of Arbitration, Queen Mary University of London. His thesis discusses “Abuse of Rights in International Arbitration”, and aims to develop innovative tools to address the growing phenomenon of abuse in international arbitration.
Prior to starting his Ph.D, Mr. El Far worked in the arbitration group of a leading law firm in Cairo, Egypt. He advised and handled issues relating to different arbitration cases under the rules of leading arbitration institutions such as the ICC, ICSID, UNCITRAL, LCIA, and CRCICA. Mr. El Far developed a broad expertise in international arbitration spanning the economic and business spectrums with an emphasis on investment, energy, construction, and sale of goods. He regularly advises clients on diverse areas of law such as conflict of laws, international commercial and investment arbitration, international investment law and international commercial law.
Mr. El Far obtained his LL.M at New York University in 2012, where he specialised in international commercial and investment arbitration, and private international law. He also obtained his LL.B. with honours from Cairo University, Egypt.