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Contents
- Preliminary Material
- Series Editor’s Preface
- Preface
- Acknowledgements
- Contents
- Table of Cases
- Domestic Awards and Decisions
- European Union
- International
- European Court of Human Rights
- International Court of Justice
- International Criminal Tribunal for the former Yugoslavia
- Iran-United States Claims Tribunal
- Permanent Court of International Justice
- United Nations Convention on the Law of the Sea
- World Trade Organization
- International Arbitral Awards and Decisions
- Table of Legislation
- List of Abbreviations
- Main Text
- 1 Introducing Good Faith in International Investment Law
- 2 Defining Good Faith
- Preliminary Material
- 2.01
- 2.02
- 2.03
- A Historically Framing Good Faith
- B The Problems with a Definition
- C International Law
- D Domestic legal systems
- E Conclusions
- 3 Good Faith and Treaty Shopping: Timing, Piercing the Corporate Veil, and Issues of Nationality
- Preliminary Material
- 3.01
- 3.02
- 3.03
- A Good Faith in the Jurisdictional Phase
- B Defining Nationality
- C Treaty Shopping
- D Investment Arbitration Cases and Treaty Shopping
- 3.51
- 3.52
- 3.53
- 3.54
- 3.55
- 1 Pre-dispute organization
- 2 Post-dispute manoeuvring
- E Forum Selection in Good Faith in the European Union: Intra-EU Disputes
- F Analysis: The Interplay of Good-Faith Considerations in Treaty-Shopping Allegations
- 4 Securing and Maintaining the Investment: Implicit Good-Faith Requirements in the Definition of Investment
- Preliminary Material
- 4.01
- 4.02
- A Securing and Maintaining the Investment
- B Definition of Investment
- C Securing the Investment
- 4.34
- 1 Corruption allegations in securing the investment
- 2 Definition of investment in the securing phase
- D Maintaining the Investment
- E Analysis
- 5 Preconditions to Arbitration: Express and Implied Requirements of Good Faith
- 6 Parallel Proceedings: The Disregard of Procedural Good Faith by Using Multiple Forums of Dispute Resolution
- Preliminary Material
- 6.01
- 6.02
- A Relationship between Courts and Tribunals
- B Parallel Proceedings
- C Investment Arbitration Cases
- E Intra-EU Disputes
- F Ultimate Relevance of Good Faith
- 7 Good-Faith Standards for Evidence
- Preliminary Material
- 7.01
- 7.02
- 7.03
- A The Tribunal’s Discretion
- B Evidence and the Fair Trial
- C Collection and Submission in Good Faith
- D Use of Witnesses
- E Good Faith and Filling Due Process Gaps
- 8 Expropriation and its Relationship With Good Faith
- 9 Fair and Equitable Treatment and Good Faith: Nourishing Rights and the Investor-State System
- Preliminary Material
- 9.01
- 9.02
- A Standards of Treatment and Interpretation
- B Fair and Equitable Treatment at the Heart of Investment Protection
- C Conclusion
- 10 Good Faith as a Defence on the Merits
- 11 Actions By and to the Actors: Protecting Procedural Integrity with Good Faith
- Preliminary Material
- 11.01
- 11.02
- 11.03
- 11.04
- A Intimidation and the Correct Forum
- B Arbitrators’ Good-Faith Behaviour
- C Regulating Counsel Behaviour in Good Faith
- D Expert Witnesses
- E Witnesses: Domestic and International Laws
- 11.37
- 1 Relevant laws for witness protection
- 2 Investment arbitration cases
- 3 Analysis
- F Third Parties
- G Conclusion
- 12 Good (Bad)-Faith Conduct and its Implications in the Allocation of Costs in International Investment Arbitration
- 13 Conclusions on the Relevance of Good Faith to the Integrity of the Investment Arbitration Regime
- Further Material