Good Faith in International Arbitration is a collection of chapters by experts, notable jurists and legal academics worldwide who thoroughly investigate the multifaceted notion of good faith in international arbitration. Although considered a somewhat ‘hazy’ concept (particularly in common law), good faith may nevertheless be defined as a duty incumbent on a person negotiating or performing an agreement.
What’s in this book:
All the following aspects of the matter are covered:
- detailed analysis of good faith in both common law and civil law traditions as reflected in doctrine, scholarship, and case law
- good faith implications in treaty interpretation
- using good faith as a negative defence against claims or as a positive basis for claims
- good faith in the specific field of international investment arbitration
- procedural aspects of parties’ obligation to act in good faith during the pre-arbitral negotiations, conciliation, and mediation, as well as during the arbitral proceedings
- the duty of arbitrators and arbitral institutions to act in good faith, and
- the role of good faith in actions to set aside
How this will help you:
As an authoritative survey and analysis of how the concept of good faith has been applied in international arbitration – and defined in the case law relevant to it – this matchless book provides invaluable guidance to parties involved in international arbitral proceedings.
