Good Faith in International Investment Arbitration

Abstract

First edition. 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. 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. 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.