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Good Faith in International Investment Arbitration

Good Faith in International Investment Arbitration
Author: Emily Sipiorski
Publisher:
Total Pages: 265
Release: 2019
Genre: Electronic books
ISBN: 9780192560964
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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. It 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 a guide for anyone wishing to understand this important principle that has accompanied the developing system of international investment law.

Good Faith in International Investment Arbitration

Good Faith in International Investment Arbitration
Author: Emily Sipiorski
Publisher: Oxford University Press, USA
Total Pages: 265
Release: 2019
Genre: Law
ISBN: 9780198826446
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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.

Good Faith and International Economic Law

Good Faith and International Economic Law
Author: Andrew D. Mitchell
Publisher: International Economic Law
Total Pages: 225
Release: 2015
Genre: Law
ISBN: 0198739796
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The past two decades have seen a significant proliferation of trade and investment treaties around the world. States are increasingly negotiating agreements that regulate both trade and investment, such as the Trans-Pacific Partnership Agreement and the Transatlantic Trade and Investment Partnership. The number of investor-state dispute settlement cases is growing dramatically each year, yet states' enthusiasm for investor-state arbitration has become more qualified as concern has intensified that the system can be abused by foreign investors. Good faith is therefore becoming increasingly important as a principle, particularly in the investment context, due to disputes about investor conduct such as corporate restructuring in order to gain the protection of a particular investment treaty regarding an existing or foreseeable dispute, and States' responses to public policy concerns through attempts to modify or terminate investment treaties in the face of ongoing or expected claims. Tribunals adjudicating investment disputes have used the principle of good faith in a haphazard and uncoordinated manner, causing serious problems of uncertainty and inconsistency. In response to these developments, this book contains the first comprehensive and integrated analysis of the treatment of good faith in international investment law, noting the broader implications of good faith in public international law and international trade law.

Good Faith in International Arbitration

Good Faith in International Arbitration
Author: Elliott E. Geisinger
Publisher: Kluwer Law International B.V.
Total Pages: 288
Release: 2024-01-22
Genre: Law
ISBN: 9403542772
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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. Thus, it may be understood as obligatory on all parties in the conduct of arbitral proceedings. In this collection of expert chapters, notable jurists and legal academics from around the world fully investigate the multifaceted notion of good faith in international arbitration. 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 the parties’ obligation to act in good faith during 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. 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.

General Principles of Law and International Investment Arbitration

General Principles of Law and International Investment Arbitration
Author: Andrea Gattini
Publisher: BRILL
Total Pages: 475
Release: 2018-06-01
Genre: Law
ISBN: 9004368388
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In General Principles of Law in Investment Arbitration, the authors address selected general principles of law, assessing their functions in investment arbitration. The resulting picture is that of a lively source that escapes doctrinal straitjackets and maintains its relevance.

Handbook of International Investment Law and Policy

Handbook of International Investment Law and Policy
Author: Julien Chaisse
Publisher: Springer
Total Pages: 0
Release: 2021-08-17
Genre: Law
ISBN: 9789811336140
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The Handbook of International Investment Law and Policy is a one-stop reference source. This Handbook covers the main conceptual questions in a logical, scholarly yet easy to comprehend manner. It is based on a truly global vision insisting particularly on Global South related issues and developments. In this respect, the Handbook of International Investment Law and Policy provides an excellent modern treatment of international investment law which is one of the fastest growing areas of international economic law. Professor Julien Chaisse, Professor Leïla Choukroune, and Professor Sufian Jusoh are the editors-in-chief of the Handbook of International Investment Law and Policy, a 1,500-page reference book, which is anticipated becoming one of the most influenced reference books in the international economic law areas. This Handbook is a highly comprehensive set of four volumes of original materials designed to cover all facets of international investment law and policy. The chapters, written by world-leading experts, explore key ideas and debates in relation to: international investment substantive law (Volume I), Investor-state dispute settlement (Volume II); interaction between international investment law and other fields of international law (Volume III); and, the new trends and challenges for international investment law (Volume IV). The Handbook will feature more than 80 contributions from leading experts (academics, lawyers, government officials), including Vivienne Bath, M. Sornarajah, Mélida Hodgson, Rahul Donde, Roberto Echandi, Andrew Mitchell, Ernst-Ulrich Petersmann, Christina L. Beharry, Krista Nadakavukaren Schefer, Leon Trakman, Prabhash Ranjan, Emmanuel Jacomy, Mariel Dimsey, Stavros Brekoulakis, Romesh Weeramantry, Nathalie Bernasconi-Osterwalder, David Collins, Damilola S. Olawuyi, Katia Fach Gomez, Jaemin Lee, Alejandro Carballo-Leyda, Patrick W. Pearsall, Mark Feldman, Surya Deva, Luke Nottage, Rafael Leal-Arcas, James Nedumpara, Rodrigo Polanco, etc. This Handbook will be an essential reference tool for students and scholars of international economic law. Policy makers and researchers alike will find the Handbook of International Investment Law and Policy useful for years to come.

Good Faith in International Law

Good Faith in International Law
Author: J. F. O'Connor
Publisher: Dartmouth Publishing Company
Total Pages: 166
Release: 1991
Genre: Law
ISBN:
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This text considers the origin and development of good faith in legal theory and its role as a fundamental principle in international law. It ranges from the origins of the concept and the first manifestations of the legal principle, to recent decisions of international courts and tribunals.

Contract Interpretation in Investment Treaty Arbitration

Contract Interpretation in Investment Treaty Arbitration
Author: Yuliya Chernykh
Publisher: BRILL
Total Pages: 629
Release: 2022-01-17
Genre: Law
ISBN: 9004414703
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Contracts are relevant, frequently central, for a significant number of investment disputes. Yet, the way tribunals ascertain their content remains largely underexplored. How do tribunals interpret contracts in investment treaty arbitration? How should they interpret contracts? Does national law have any role to play? Contract Interpretation in Investment Treaty Arbitration: A Theory of the Incidental Issue addresses these questions. The monograph offers a valuable insight into the practice and theory of contract interpretation in investment treaty arbitration. By proposing a theoretical frame for seamless integration of contract interpretation into the overall structure of decision-making, the book contributes to predictability, coherence, sufficiency and correctness of the tribunals’ interpretative practices in investment treaty arbitration.

Treaty Shopping in International Investment Law

Treaty Shopping in International Investment Law
Author: Jorun Baumgartner
Publisher: Oxford University Press
Total Pages: 401
Release: 2016
Genre: Law
ISBN: 0198787111
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Revision of the author's thesis (doctoral)--University of Lausanne, 2015 --Acknowledgements.

Arbitration Under International Investment Agreements

Arbitration Under International Investment Agreements
Author: Katia Yannaca-Small
Publisher: Oxford University Press on Demand
Total Pages: 790
Release: 2010
Genre: Law
ISBN: 0195340698
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Investor-state arbitration is a relatively new dispute settlement mechanism that allows foreign investors the opportunity to seek redress for damages arising out of breaches of investment-related treaty obligations by the governments of host countries. Claims are submitted to independent, international arbitration tribunals, which are called upon to interpret the treaty at hand. Because of the public interest involved in these cases, the awards of these tribunals are subject to much scrutiny and debate. Thus, it has already generated hundreds of cases and created new legal disciplines, inspiring a continuous string of legal writings. This book provides a comprehensive analysis of the main issues that arise in investor-state arbitration. It accompanies the reader through the phases of such a procedure, starting with an examination of the instruments, which provide, in the overwhelming majority of the cases, the legal basis for the requests for such arbitration. It then continues with the launching of the arbitration procedure, followed by the analysis of the main jurisdictional and substantive issues that the tribunals are confronted with, and the review procedures, when there is a request for setting aside of the award. It finally looks at the post-award phase and concludes with a reflection on the role of precedent in investment arbitration. Arbitration under International Investment Agreements: a Guide to the Key Issues contains in one volume what everybody needs to know on this evolving topic. Calling on the most renowned experts in this field, private practitioners, academics, government and international organization officials, it describes the process in all its phases from A to Z, providing a comprehensive insight in the way investor-state arbitration works from the perspective of the main actors involved. Its analyses of all key aspects of the topic are pragmatic and reliable.