Full Description
This book demystifies the effectiveness of good faith in international commercial arbitration law.
In the growing universe of international commercial arbitration, it is more pressing than ever to discuss the role of good faith and challenge residual conservative skepticism regarding its usefulness. The book employs principles, standards and concepts which are normatively ingrained in good faith. These include the principle of pacta sunt servanda, the estoppel doctrine, the transnational standard of cooperation and fair dealing among merchants. It also discusses the pertinence of good faith to corrective justice, proportionality, prohibition of discrimination and unconscionability, international public policy and due process, among other concepts. This granular approach demonstrates how good faith is integrated into the practice of international commercial arbitration. The book sheds light on the technical functions of the principle in parties' substantive protection, contractual interpretation and arbitral procedure, with an ultimate view to reinforcing the soundness and persuasive value of arbitral decision-making. Throughout, the book establishes a uniform and enforceable conceptualization of good faith in transnational disputes.
The book will be of interest to practitioners and researchers in the fields of commercial law, arbitration, transnational disputes and international law.
Contents
1. Introduction
PART I: Substantive Function of Good Faith
2. Anatomy of Substantive Good Faith
3. Normative Good Faith when National Law is Applicable to the Merits
4. Corrective Good Faith when National Law is Applicable to the Merits
5. Transnational Good Faith
PART II: Interpretive Function of Good Faith
6. Application of Interpretive Good Faith to the Contract and Arbitration Agreement
7. Interpretive Good Faith in Determination of the Law Applicable to the Merits
PART III: Procedural Function of Good Faith
8. Good Faith as a Standard of Procedural Fairness
9. Conclusion
