Jump to Content Jump to Main Navigation
Good Faith in International Investment Arbitration by Sipiorski, Emily

2 Defining Good Faith

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: 12 November 2019

Subject(s):
Jurisdiction — Good faith — General principles of international law

This chapter provides an overview of the definitions and construction of the principle of good faith in both the domestic and international contexts. More specifically, it explores various uses of good faith across several legal systems and its application and place in the practice of international investment law. The chapter first traces the history of good faith as an influence in legal systems before discussing how diverse definitions, meanings, and nuances make it problematic for applying good faith in international investment law and in international law more broadly. It then explains the presence of good faith as a principle of public and private international law, its relevance in treaty interpretation, and its use in the United Nations and international treaties. Finally, it examines some distinct applications of the principle of good faith in domestic legal systems, such as common law and civil law.

Users without a subscription are not able to see the full content. Please, subscribe or login to access all content.