Abuse of the Right to Prosecute in Arbitration Claims

Abstract

This study, titled "Abuse of the Right to Prosecute in Arbitration Claims," falls under the category of actions aimed at protecting procedural rights from their abusive use. The right to prosecute is a right guaranteed by the constitution to every individual in a specific legal position, and it encompasses anything the plaintiff or others claim before the judiciary in order to obtain a judgment in their favor.

One form of the abusive exercise of this right include exaggerating claims and inflating the amounts of compensation demanded, such that they are completely disproportionate to the actual harm suffered. Abuse can also occur if the plaintiff does not believe in the validity of their claim, delays the resolution of the case, or files the claim knowing that it has already been adjudicated, or claims forgery of official documents.