Abuse of the Right of Defense in Arbitration Proceedings

Abstract

This study titled "Abuse of the Right of Defense in Arbitration Proceedings" falls under the category of actions that protect procedural rights from abuse during their exercise. The right of defense, or "right to reply," is the opportunity for a party to present their point of view before the court regarding the claims made by the opposing party. This is a right that the court must ensure is upheld at all stages of the proceedings, and the court must not take any action that would obstruct the right of defense. The right of defense includes both procedural and substantive objections.

One form of abuse of the right of defense occurs when the defendant’s objection is neither serious nor legitimate, and its sole purpose is to waste time. An objection must serve a legitimate interest, meaning the party raising the objection is attempting to avoid the risk of an adverse ruling.

Examples of abuse by the defendant include delaying the presentation of certain procedural objections until the end of the proceedings, or using the right of denial excessively and unreasonably, as when a sister denies her brother’s lineage to deprive him of inheritance.