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

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.