Good faith in international investment arbitration / Emily Sipiorski.
2019
K2400 .S58 2019 (Mapit)
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Details
Title
Good faith in international investment arbitration / Emily Sipiorski.
Edition
First edition.
Imprint
Oxford, United Kingdom : Oxford University Press, 2019.
Description
xxxviii, 265 pages ; 26 cm.
Series
Oxford international arbitration series.
Formatted Contents Note
Introducing good faith in international investment law
Defining good faith
Good faith and treaty shopping : timing, piercing the corporate veil, and issues of nationality
Securing and maintaining the investment : implicit good-faith requirements in the definition of investment
Preconditions to arbitration : express and implied requirements of good faith
Parallel proceedings : the disregard of procedural good faith by using multiple forums of dispute resolution
Good-faith standards for evidence
Expropriation and its relationship with good faith
Fair and equitable treatment and good faith : nourishing rights and the investor-state system
Good faith as a defence on the merits
Actions by and to the actors : protecting procedural integrity with good faith
Good (bad)-faith conduct and its implications in the allocation of costs in international investment arbitration
Conclusions on the relevance of good faith to the integrity of the investment of arbitration regime.
Defining good faith
Good faith and treaty shopping : timing, piercing the corporate veil, and issues of nationality
Securing and maintaining the investment : implicit good-faith requirements in the definition of investment
Preconditions to arbitration : express and implied requirements of good faith
Parallel proceedings : the disregard of procedural good faith by using multiple forums of dispute resolution
Good-faith standards for evidence
Expropriation and its relationship with good faith
Fair and equitable treatment and good faith : nourishing rights and the investor-state system
Good faith as a defence on the merits
Actions by and to the actors : protecting procedural integrity with good faith
Good (bad)-faith conduct and its implications in the allocation of costs in international investment arbitration
Conclusions on the relevance of good faith to the integrity of the investment of arbitration regime.
Note
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.
Bibliography, etc. Note
Includes bibliographical references (pages 239-257) and index.
Call Number
K2400 .S58 2019
Language
English
ISBN
9780198826446 (hardcover)
0198826443
0198826443
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