Good Faith in International Arbitration.

Format:

Book

Author/Creator:

Geisinger, Elliott E., Author.

Contributor:

Müller, Christoph.

Menaker, Andrea.

Pearson-Wenger, Sabrina.

Series:

ASA Special Series

Language:

English

Subjects (All):

Good faith (Law).

International commercial arbitration.

Physical Description:

1 online resource (243 pages)

Edition:

1st ed.

Place of Publication:

Alphen aan den Rijn : Wolters Kluwer Law International, 2024.

Summary:

This book, part of the ASA Special Series, explores the concept of good faith in international arbitration. Edited by Elliott Geisinger and Andrea Menaker, it gathers contributions from leading experts in the field, discussing whether good faith in arbitration is myth, reality, or merely a label. The book aims to foster innovation and promote understanding of international arbitration practices. It is intended for practitioners, academics, and students interested in international law and arbitration. The volume includes papers from ASA's Annual Conferences and examines various aspects of arbitration, providing insights into complex commercial disputes, investment arbitration, and the enforcement of arbitral awards. Generated by AI.

Contents:

Cover

Half-Title Page

Title Page

Copyright Page

Editors

Contributors

Summary of Contents

Table of Contents

Chapter 1 Good Faith in Civil Law

§1.01 A KEY CONCEPT IN CIVIL LAW

§1.02 THE CONTENT OF THE GOOD FAITH PRINCIPLE

[A] The Common Roots of the Duty of Good Faith

[B] The Parameters Controlling the Assessment of Good Faith

[C] The Varying Intensity of the Duty of Good Faith

§1.03 THE LEGAL EFFECTS OF THE DUTY OF GOOD FAITH

[A] An Ingredient of Various Legal Mechanisms

[B] The Self-Standing Effects of the Duty of Good Faith

Chapter 2 Good Faith in English Contract Law

§2.01 INTRODUCTION

§2.02 THE IMPLICIT PRINCIPLE OF GOOD FAITH

§2.03 JUDICIAL RECOGNITION THAT THERE IS NO GENERAL DUTY TO PERFORM IN GOOD FAITH

§2.04 GOOD FAITH IN ‘RELATIONAL CONTRACTS’

§2.05 IDENTIFYING ‘RELATIONAL CONTRACTS’

§2.06 RECENT CASE LAW ON THE RELATIONAL CONTRACT: IMPLIED DUTY TO ACT IN GOOD FAITH

§2.07 EXPRESS DUTY TO PERFORM IN GOOD FAITH

§2.08 IMPLIED TERM TO AVOID ARBITRARY EXERCISE OF CONTRACTUAL DISCRETION

§2.09 CONCLUDING REMARKS

Chapter 3 Good Faith (or Violation Thereof) as a Negative Defence Against Claims or as a Positive Basis for Claims in International Arbitration

§3.01 INTRODUCTION

§3.02 THE PRIME IMPORTANCE OF THE PROVISIONS OF THE CONTRACT AND OF THE APPLICABLE LAW Generated by AI.

Notes:

Description based on publisher supplied metadata and other sources.

Part of the metadata in this record was created by AI, based on the text of the resource.

ISBN:

9789403542775

9403542772