Good Faith in International Investment Arbitration

Inbunden, Engelska, 2019

AvEmily Sipiorski,Faculty of Law) Sipiorski, Emily (Senior Researcher, Senior Researcher, University of Hamburg, Department of Socioeconomics

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Written by a leading legal researcher, this book offers a comprehensive study of the principle, a frequently invoked but rarely analysed aspect of investment arbitration. Good Faith in International Investment Arbitration is a thorough and expansive study that considers the application of good faith by arbitral tribunals and parties in international investment disputes, encompassing both procedural and substantive aspects of good faith. Expertly negotiating a complex principle, this book diligently follows the arbitral process from jurisdiction through merits and to cost decisions, identifying the various applications of good faith in investment disputes. The author offers detailed analyses of the role of good faith in defining nationality and investor as well as in pre-dispute admissibility requirements. The study then delves into the ways the principle guides parties' arguments and informs tribunals' decisions regarding evidence, substantive protections, and costs. It further addresses the role of good faith in the behaviour of arbitrators and other actors. This is an essential guide for anyone wishing to understand this important principle that has accompanied the developing system of international investment law.

Produktinformation

Utgivningsdatum2019-03-07
Mått177 x 257 x 23 mm
Vikt678 g
FormatInbunden
SpråkEngelska
SerieOxford International Arbitration Series
Antal sidor304
FörlagOUP OXFORD
ISBN9780198826446

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Internationell rätt: transport och handel inom Juridik

Introduction1: What is Good Faith?2: Procedural Good Faith and Treaty Shopping: Timing, piercing the corporate veil, and issues of nationality3: Securing and Maintaining the Investment: Implicit good faith requirements in the definition of investment4: Pre-Conditions to Arbitration: Express and implied requirements of good faith5: Expropriation and its Relationship with Good Faith6: Fair and Equitable Treatment and Good Faith: Nourishing rights and the investor-state system7: Evidence and Good Faith8: Parallel Proceedings: The disregard of procedural good faith by using multiple forums of dispute resolution9: Actions by the Arbitral Actors: Protecting procedural integrity with good faith10: Good Faith as a Defence on the Merits11: Good (Bad) Faith Conduct and its Implication in the Allocation of Costs in International Investment Arbitration12: Conclusions on the Relevance of Good Faith to the Integrity of the Investment Arbitration Regime