Emily Sipiorski

Good Faith in International Investment Arbitration (eBook, PDF)

• Format: PDF

Produktbeschreibung

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.

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Produktdetails

• Verlag: Oxford University Press
• Seitenzahl: 300
• Erscheinungstermin: 15. Februar 2019
• Englisch
• ISBN-13: 9780192560957
• Artikelnr.: 55438775

Autorenporträt

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

Inhaltsangabe

* 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