11 Actions By and to the Actors: Protecting Procedural Integrity with Good Faith

Subject(s):

Witnesses — Good faith — General principles of international law — Arbitrators — Conduct of proceedings

This chapter examines the good faith requirements for the actors involved in the international arbitration process — namely, arbitrators, counsel, and witnesses — and the rules for regulating their behaviour to ensure procedural integrity and fairness. It first considers the rules for regulating the behaviour of those who interfere with court proceedings through intimidation of witnesses, counsels, and judges or arbitrators before discussing the legal instruments for ensuring arbitrators’ good faith behaviour. It then explains the regulation of counsel behaviour in good faith, especially with respect to preventing conflict of interest. It also explores the domestic and international laws, along with investment arbitration rules, for the protection of witnesses, specifically against intimidation and tampering. The chapter goes on to review investment arbitration cases that consistently relied on ideas of procedural fairness and good faith as a means of protecting the witnesses. It concludes with an analysis of third parties’ good faith obligations.