Good Faith in International Commercial Arbitration
� It’s Application by Arbitral Tribunals to the Parties’ Contract and the Arbitration Agreement
   
 
Författare:Pearson-Wenger Sabrina
Titel:Good Faith in International Commercial Arbitration � It’s Application by Arbitral Tribunals to the Parties’ Contract and the Arbitration Agreement
Utgivningsår:2024
Omfång:722 sid.
Förlag:Kluwer Law International
ISBN:9789403507385
Produkttyp:Inbunden
Typ av verk:Monografi
Serie:International Arbitration Law Library Series nr. 70
Ämnesord:Processrätt , Internationell rätt , Förmögenhetsrätt

Pris: 2611 SEK exkl. moms

 

Good Faith in International Commercial Arbitration is the first of its kind to study in depth the available international arbitral awards that have applied good faith, thus providing detailed guidance on how this notion is (and can be) applied by tribunals in international commercial arbitration. By doing so, this book addresses the uncertainties surrounding the application of good faith by arbitral tribunals, which has created an unwelcome unpredictability with respect to the application of this notion. Moreover, the author proposes a set of deeply informed guidelines for the future application of good faith by arbitral tribunals to both the parties’ contract and the arbitration agreement.

What’s in this book:

This book furnishes a comprehensive description of the role and scope of good faith under governing laws in key jurisdictions (England, New York, Switzerland, France, Germany, China, Singapore, Hong Kong, Australia, and Canada) as well as under the CISG, the UNIDROIT Principles, and other uniform law and soft law instruments. It examines how good faith has been applied by arbitrators to the parties’ contract and elucidates the source and role of good faith concerning the following issues surrounding the arbitration agreement:

- formal validity of the arbitration agreement;

- incorporation of the arbitration agreement by reference;

- interpretation of the arbitration agreement;

- capacity and power of the parties to arbitrate;

- extension of an arbitration agreement to a non-signatory party;

- pre-arbitration requirements to negotiate or mediate; and

- performance of the arbitration agreement.

Proposed guidelines for applying good faith to the parties’ contract and to the various issues surrounding the arbitration agreement, along with figures summarizing the content of the obligations to negotiate or mediate in good faith prior to resorting to arbitration and the obligation to arbitrate in good faith.


How this will help you:

This book will be highly appreciated as it analyses the role and scope of good faith under the most popular governing national and non-national laws and provides not only invaluable insight into how good faith is applied by arbitral tribunals to the parties’ contract in international commercial arbitration but also guidance on how good faith should be applied to this contract. Arbitrators, as well as users of arbitration, will welcome the clarity on how good faith is applied to the various issues surrounding the arbitration agreement and, in particular, to the pre-arbitration requirements to negotiate or mediate in addition to the performance of the arbitration agreement.


Table Of Contents
About the Author
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?

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

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

PART II
The Historical Origins of Good Faith

CHAPTER 5
Bona Fides in Roman Law

CHAPTER 6
Bona Fides in the Medieval Ius Commune and Lex Mercatoria (5th–16th Centuries)

CHAPTER 7
Good Faith in the Early Modern Period (17th–20th Centuries)

CHAPTER 8
Conclusion

PART III
Good Faith under National and Non-national Law

CHAPTER 9
The Role and Content of Good Faith under National Law

CHAPTER 10
The Role and Content of Good Faith under Non-national Law

CHAPTER 11
Conclusion

PART IV
Good Faith and Its Application by Arbitral Tribunals to the Parties’ Contract

CHAPTER 12
Application of Good Faith on the Basis of an Express Contractual Provision

CHAPTER 13
Application of Good Faith on the Basis of a National Law

CHAPTER 14
Application of Good Faith on the Basis of a Non-national Law

CHAPTER 15
Application of Good Faith When Arbitrators Are Endowed with the Power to Rule Ex Aequo Et Bono or as an Amiable Compositeur

PART V
Good Faith and the Arbitration Agreement

CHAPTER 16
Good Faith and the Validity and Interpretation of the Arbitration Agreement

CHAPTER 17
Good Faith and the Parties to the Arbitration Agreement

CHAPTER 18
Good Faith and the Performance of Pre-arbitration Requirements

CHAPTER 19
Good Faith and the Performance of the Arbitration Agreement

PART VI
General Conclusion

CHAPTER 20
Influence of an Arbitrator’s Legal Background

CHAPTER 21
Role of Good Faith in Arbitrations Involving State Parties

CHAPTER 22
Specific Uncertainties Arising in Connection with the Application of Good Faith to the Parties’ Contract

CHAPTER 23
Specific Uncertainties Arising in Connection with the Application of Good Faith to the Arbitration Agreement

Appendices

APPENDIX 1
Arbitral Awards in Which Good Faith Was Applied to the Parties’ Contract on the Basic of a National Law (Chronological Order)

APPENDIX 2
Arbitral Awards in Which Good Faith Was Applied to the Parties’ Contract on the Basic of the CISG (Chronological Order)

APPENDIX 3
Arbitral Awards in Which Good Faith Was Applied to the Parties’ Contract on the Basic of the PICC (Chronological Order)

APPENDIX 4
Arbitral Awards in Which Good Faith Was Applied to the Parties’ Contract as a General Principal of Law/Trade Usage (Chronological Order)

Bibliography

Index
 
  © 2017 Jure AB