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Good Faith in International Arbitration: Myth, Reality, Label… or All of the Above?

Good Faith in International Arbitration: Myth, Reality, Label… or All of the Above?

  • Author:
  • Publisher: Kluwer Law International
  • ISBN: 9789403542676
  • Published In: January 2024
  • Format: Hardback
  • Jurisdiction: Netherlands ? Disclaimer:
    Countri(es) stated herein are used as reference only

List Price: HKD 1,025.75

HKD 994.98 Save HKD 30.77 (3%)

Delivery Time: around 4-5 weeks
Extra 2-10 working days if shipping address outside Hong Kong
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Hong Kong: free delivery (order over HKD 1000)
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  • Description 
  • Contents 

Details

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.

CHAPTER 1 Good Faith in Civil Law
Philippe Stoffel-Munck
CHAPTER 2 Good Faith in English Contract Law
Neil Andrews
CHAPTER 3 Good Faith (or Violation Thereof) as a Negative Defence Against Claims or as a Positive Basis for Claims in International Arbitration
Céline Greenberg
CHAPTER 4 Good Faith as an Instrument of Treaty Interpretation: Instructions for Use
Andrea Bianchi
CHAPTER 5 The Definition of Investment in International Investment Law: The Future of Good Faith Investments
Emily Sipiorski
CHAPTER 6 Good Faith in Investor-State Arbitration: Is There Room for a Positive Basis to Claims and Good Pack Hunting?
Mohamed S. Abdel Wahab
CHAPTER 7 Good Faith as a Form of Admissibility Defence in Investor-State Arbitration
Natalie L. Reid
CHAPTER 8 Good Faith and Pre-arbitral Alternative Dispute Resolution Requirements
Anya George
CHAPTER 9 The Parties’ Procedural Good Faith Obligations in Arbitration
Flavio Peter
CHAPTER 10 Procedural Implications of Good Faith and the Duty of Arbitrators and Arbitral Institutions
Duarte Henriques & Adetola Adebesin
CHAPTER 11 Use And Misuse of ‘Good Faith’ in Actions to Set Aside
Philippe Pinsolle

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