Me Rompí Mi Brazo vs. Me Rompí El Brazo.

Zimmermann, Karina Hess

doi:10.2307/j.ctv43vtzc.8

Cited by 2 publications

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“…Specifically, there are different views as to whether they are different principles or if abuse of rights is merely an emanation of the good faith principle. 140 The predominant view holds that a contextual analysis of Article…”

Section: Swiss Lawmentioning

confidence: 99%

Abuse of Rights in International Arbitration

Far¹,

Mohsen²

2020

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In recent years, international arbitration has become plagued by different forms of substantive and procedural abuse. For example, we have witnessed a rise in cases where parties restructure their investments in an abusive manner by altering one of its features purely to gain access to ICSID arbitration. Similarly, the increasingly common practice of initiating parallel arbitral proceedings in order to maximise a party’s chances of success, and the possibility of inconsistent decisions pose a risk to standards of fairness. Abusive practices designed by parties to prejudice their opponents may undermine the fair resolution of disputes and frustrate the administration of arbitral justice. There are pre-existing tools and legal rules that can be utilised to prevent abuse. However, these tools are inherently rigid in their application and fail to remedy all forms of abuse. Abuse of Rights in International Arbitration introduces the principle of abuse of rights and considers its application as a general principle of law to prevent different forms of substantive and procedural abuse in international arbitration. The virtue of a single theory with a wide scope and an overarching premise is that it is a principle, which involves equity considerations, enjoys the flexibility of general principles of law, and can address different abusive behaviours. The author carefully examines the legal basis and core elements of abuse of rights and analyses the relevant case law to address how the principle may affect administration of arbitral justice. Arguing for the application of abuse of rights as a general principle of law, the author expertly examines how it could apply in both international commercial and investment arbitration to tackle procedural misconduct and different abusive practices.

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Section: Swiss Lawmentioning

confidence: 99%

Abuse of Rights in International Arbitration

Far¹,

Mohsen²

2020

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Protracted development in child heritage Spanish: Evidence from inalienable possession

Cuza,

Solano-Escobar

2023

Second Language Research

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The present study examined the production of inalienable possession with body parts in Spanish among 20 school-age children of Mexican-born parents born and raised in the United States. The results were compared to those of 20 first-generation immigrant parents (main input providers), 27 Spanish-dominant children of similar age, and 12 Spanish monolingual parents living in Mexico. Group and individual results obtained via a question-and-answer task showed low proportion of clitic se plus the definite determiner (e.g. Ella se rompió el brazo ‘She broke her arm’) among the heritage children in their production of the inalienable construal. The heritage children significantly overextended the possessive determiner instead of the definite determiner in contrast to their parents, the Spanish-dominant children and monolingual parents. Results also showed a significant role for dominance and language experience in the degree of morphosyntactic variability among heritage children, supporting recent research. The higher the Spanish dominance and the more Spanish contact and use the heritage children had, the more they aligned closer to their parents and the Spanish-dominant children in the use of the definite determiner. There were no divergences with the use of the definite determiner in alienable contexts. We argue for protracted development in child heritage Spanish stemming from crosslinguistic influence effects, minority language dominance and linguistic experience.

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Me Rompí Mi Brazo vs. Me Rompí El Brazo.

Cited by 2 publications

References 0 publications

Abuse of Rights in International Arbitration

Abuse of Rights in International Arbitration

Protracted development in child heritage Spanish: Evidence from inalienable possession

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