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Max Planck Encyclopedia of International Procedural Law [MPEiPro]

Frivolous Claim

Michele Potestà, Christos Stamatis

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2021. All Rights Reserved.date: 30 July 2021

Abuse of process — Good faith — Admissibility — Registry — Jurisdiction — Claims

Published under the direction of Hélène Ruiz Fabri, with the support of the Department of International Law and Dispute Resolution, under the auspices of the Max Planck Institute Luxembourg for Procedural Law.

1 Where an international forum is available to seek redress for violations of international law, disputing parties may sometimes bring a claim that manifestly lacks any legal basis or merit. These types of claims are frequently referred to as ‘frivolous’ or ‘vexatious’. Depending on the adjudicatory body and applicable legal framework, a claim may be deemed frivolous if it is patently unmeritorious on admissibility or merits grounds, or because it manifestly lacks a jurisdictional basis. 2 The filing of a frivolous claim may expose the party against whom the claim...
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