Good Faith in International Investment Arbitration
Series: Oxford International Arbitration Series;
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Product details:
- Publisher OUP Oxford
- Date of Publication 7 March 2019
- ISBN 9780198826446
- Binding Hardback
- No. of pages304 pages
- Size 257x177x23 mm
- Weight 678 g
- Language English 0
Categories
Short description:
Good Faith in International Investment Arbitration offers a comprehensive study on both the theory and application of the principle of good faith in the international arbitration process. It is an essential book for both practitioners and academics.
MoreLong description:
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.
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.
Table of Contents:
Introduction
What is Good Faith?
Procedural Good Faith and Treaty Shopping: Timing, piercing the corporate veil, and issues of nationality
Securing and Maintaining the Investment: Implicit good faith requirements in the definition of investment
Pre-Conditions to Arbitration: Express and implied requirements of good faith
Expropriation and its Relationship with Good Faith
Fair and Equitable Treatment and Good Faith: Nourishing rights and the investor-state system
Evidence and Good Faith
Parallel Proceedings: The disregard of procedural good faith by using multiple forums of dispute resolution
Actions by the Arbitral Actors: Protecting procedural integrity with good faith
Good Faith as a Defence on the Merits
Good (Bad) Faith Conduct and its Implication in the Allocation of Costs in International Investment Arbitration
Conclusions on the Relevance of Good Faith to the Integrity of the Investment Arbitration Regime
