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Good Faith in International Commercial Arbitration [Hardback]

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Good Faith in International Commercial ArbitrationPalielināt
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"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 scepticism regarding its usefulness. The book employs principles, standards and concepts which are normatively ingrained in good faith. These includes 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 field of commercial law, arbitration, transnational disputes and international law"--

This book demystifies the effectiveness of good faith in international commercial arbitration law. It employs principles, standards and concepts which are normatively ingrained in good faith. The book will be of interest to researchers in the field of commercial law, arbitration, transnational disputes and international law.



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.

Recenzijas

This monograph offers a thorough examination of good faith in international arbitration, bridging theory and practice. Dr. Martsekis analyzes the substantive, procedural, and interpretive functions of the principle while highlighting the potential for a transnational standard - a valuable resource for practitioners and scholars.

Gary Born, International Commercial Arbitration (2020)

This original, important and outstanding book offers an illuminating analysis of the concept of good faith in international commercial arbitration, its application across different legal systems and legal contexts. Martsekis convincingly demonstrates that good faith is neither silver bullet nor empty shell, but a nuanced principle that plays a critical role in the law.

John Fellas, Arbitrator, Fellas Arbitration, Adjunct Professor of Law, NYU, Honorary Professor of Law, Durham Law School

An excellent work which explores the operation of good faith in international commercial arbitration (ICA). Dr. Martsekis employs civil and common law perspectives to demonstrate how good faith infuses all stages of ICA. The book analyses good faith's role in balancing between party autonomy and arbitrator discretion. It considers how good faith underpins the gap-filling and contract interpretation functions which tribunals routinely carry out. This is important when abuse of rights and due process issues are increasingly raised in ICA. For academics and practitioners, this monograph provides valuable insights into the integrity of ICA as a means of dispute resolution.

Anselmo Reyes, Arbitrator, Professor of Law, University of Hong Kong, International Judge of the Singapore International Commercial Court

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 Law Applicable to the Merits

PART III: Procedural Function of Good Faith

8. Good Faith as a Standard of Procedural Fairness

9. Conclusion

Georgios Martsekis is Associate at Plesners International Arbitration Practice Group in Copenhagen, Denmark, where he focuses on complex and high-value investment and commercial arbitration cases. He holds a PhD (Summa cum Laude) from the National and Kapodistrian University of Athens. He is also an attorney-at-law licensed to practice before the Court of Appeals in Greece. George possesses one LLM from Queen Mary University of London (Merit) and another LLM from Georgetown University Law Center (Distinction & Deans List). He has served for several years as a foreign associate and consultant at national and international law firms in New York, Washington D.C., London and Athens in the field of international arbitration, public international law as well as corporate and commercial law.