Purchase instant access (PDF download and unlimited online access):
Chapter 4 analyses the arbitrator-made rules that impose additional limits on arbitral jurisdiction, both procedural and substantive. It addresses the rules limiting the scope of protected investors and investments, as well as the introduction of the condition of privity in the application of umbrella clauses which affects the scope of arbitrable disputes. It also addresses the abuse of process doctrine as an independent jurisdictional limitation in statu nascendi, tailored for the specific scenario of investment corporate restructuring.