La expansión de los márgenes de la doctrina del abuso del proceso por actores estatales en el arbitraje de inversión

Abstract

This article examines the doctrine of abuse of process within the framework of arbitral 
proceedings conducted under bilateral and multilateral investment treaties. A primary basis for alleging abuse of process involves the investor’s strategic restructuring of its corporate framework to secure the protections of a specific treaty by aligning with its definitions of “investor” and “investment”. The author explores the motivations of States in raising this objection, questioning whether it is at times invoked as a legitimate defense or, alternatively, leveraged as a tactical tool that risks exceeding its intended scope. This analysis further considers the implications of such practices for the legitimacy of international investment arbitration, suggesting alternatives to address concerns around procedural fairness and to bolster confidence in arbitral proceedings.