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Good Faith in International Investment Arbitration by Sipiorski, Emily

1 Introducing Good Faith in International Investment Law

From: Good Faith in International Investment Arbitration

Emily Sipiorski

From: Investment Claims (http://oxia.ouplaw.com). (c) Oxford University Press, 2015. All Rights Reserved. date: 16 September 2019

Subject(s):
Jurisdiction — Abuse of rights — Equity — Good faith — Standards of treatment — General principles of international law

This chapter discusses the relevance of the principle of good faith in international investment law, first by considering its modes of application. In particular, it shows how good faith is applied or disregarded by tribunals in treaties and agreements. It then explains the role of the principle of good faith in investment arbitration and how it operates in investment law, private international law and public international law. It also examines the relationship of good faith with several other doctrines such as equity, estoppel, abuse of rights and Clean Hands and describes two major applications of the principle of good faith: as a performance obligation and as an interpretative function. Finally, it provides an overview of the book’s methodology and organisation.

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