Good Faith in International Commercial Arbitration : It's Application by Arbitral Tribunals to the Parties' Contract and the Arbitration Agreement.

Format:

Book

Author/Creator:

Pearson-Wenger, Sabrina.

Series:

International Arbitration Law Library

Language:

English

Subjects (All):

Good faith (Law).

International commercial arbitration.

Physical Description:

1 online resource (750 pages)

Edition:

1st ed.

Place of Publication:

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

Summary:

This book explores the concept of good faith in international commercial arbitration, examining its application by arbitral tribunals to contracts and arbitration agreements. The work delves into the historical origins of good faith, from Roman law to the medieval period, and its role under national and non-national laws. It addresses the varying interpretations and uncertainties surrounding good faith, highlighting its moral implications and discretionary nature in legal proceedings. The book is suitable for practitioners and academics interested in the nuanced application of good faith in arbitration contexts, offering insights into both theoretical and practical aspects. Generated by AI.

Contents:

Cover

Half-Title Page

Title Page

Copyright Page

About the Author

Table of Contents

List of Abbreviations

Foreword

Preface

Acknowledgements

Part I Setting the Scene: The Application of Good Faith by Arbitrators in International Commercial Arbitration

CHAPTER 1 What Is Good Faith?

I. Objective Versus Subjective Good Faith

II. A Concept Importing Morality by Imposing a Standard of Conduct

III. An Altruistic Concept with the Goal of Equality

IV. A Concept Both in Line with, and Contrary to, the Parties’ Expectations

V. A Concept Incapable of a Simple or General Definition

VI. An Open Concept

VII. An Elastic and Thus Uncertain Concept

VIII. A Concept Endowing the Decision-Maker with Discretion

IX. Related Concepts

X. Rationalizing Good Faith

CHAPTER 2 Frequent Recourse to Good Faith by Arbitral Tribunals in Order to ‘Do Justice’

CHAPTER 3 Objections to the Recourse to Good Faith by Arbitral Tribunals

I. Disregard of the Applicable Law

II. Risk of Arbitrariness

CHAPTER 4 Uncertainties Surrounding the Application of Good Faith by Arbitral Tribunals

I. Varying Legal Backgrounds of the Members of the Arbitral Tribunal

II. Involvement of State Parties

III. Application of Good Faith to the Parties’ Contract Generated by AI.

Notes:

Description based on publisher supplied metadata and other sources.

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Other Format:

Print version: Pearson-Wenger, Sabrina Good Faith in International Commercial Arbitration

ISBN:

9789403507484