Good Faith in International Investment Arbitration

Emily Sipiorski is a Senior Researcher at the University of Hamburg, Department of Socioeconomics, Faculty of Law.

• Introduction 1: What is Good Faith? 2: Procedural Good Faith and Treaty Shopping: Timing, piercing the corporate veil, and issues of nationality 3: Securing and Maintaining the Investment: Implicit good faith requirements in the definition of investment 4: Pre-Conditions to Arbitration: Express and implied requirements of good faith 5: Expropriation and its Relationship with Good Faith 6: Fair and Equitable Treatment and Good Faith: Nourishing rights and the investor-state system 7: Evidence and Good Faith 8: Parallel Proceedings: The disregard of procedural good faith by using multiple forums of dispute resolution 9: Actions by the Arbitral Actors: Protecting procedural integrity with good faith 10: Good Faith as a Defence on the Merits 11: Good (Bad) Faith Conduct and its Implication in the Allocation of Costs in International Investment Arbitration 12: Conclusions on the Relevance of Good Faith to the Integrity of the Investment Arbitration Regime

The book ... is excellent at exploring the range of issues with which good faith is connected and analysing why issues of good faith arise in such circumstances. As a result, it is likely to be useful and informative for practitioners or readers interested in the role of good faith in investment arbitration.