The Concept of Good Faith in International Investment Disputes – The Arbitrator’s Dilemma

Amicus Curiae: Journal of the Society for Advanced Legal Studies, Issue 89, Spring 2012

7 Pages Posted: 17 Jun 2012

See all articles by A. F. M. Maniruzzaman

A. F. M. Maniruzzaman

University of Portsmouth - School of Law; Centre for Energy, Petroleum and Mineral Law and Policy, University of Dundee; Faculty of International Law, China University of Political Science and Law

Date Written: 2012

Abstract

The concept of good faith has been a subject of perennial controversy since it was derived from the Roman legal equivalent ‘bonas fides’. There still remains some uncertainty about the nature of the concept itself and the consequent unpredictability of the outcome of its application. That's why, when focused on the content of good faith, the courts in different countries, international tribunals as well as academic commentators seem to be often baffled. It also proves the international arbitrator’s task in an investment dispute all the more difficult when it comes to define the concept and to render any decision on the basis of it. It thus merits a fresh look at the concept of good faith in order to understand its scope and function in a contractual relationship which is the focus of this article. It is proposed that good faith in a particular context should be understood not as an abstract concept but as a functional or objective one, i.e. in the micro sense, covering all stages of a contract the underlying current of which is cooperation between the contracting parties.

Keywords: Good Faith, Macro Good Faith, Micro Good Faith, Good Faith Cooperation

Suggested Citation

Maniruzzaman, A. F. M., The Concept of Good Faith in International Investment Disputes – The Arbitrator’s Dilemma (2012). Amicus Curiae: Journal of the Society for Advanced Legal Studies, Issue 89, Spring 2012. Available at SSRN: https://ssrn.com/abstract=2049756

A. F. M. Maniruzzaman (Contact Author)

University of Portsmouth - School of Law ( email )

Richmond Building
Portsmouth, Hampshire PO1 3DE
United Kingdom
+44 (0)2392844194 (Phone)

HOME PAGE: http://www.port.ac.uk/departments/academic/law/staff/title,23599,en.html

Centre for Energy, Petroleum and Mineral Law and Policy, University of Dundee ( email )

Nethergate
Dundee, Scotland DD1 4HN
United Kingdom

Faculty of International Law, China University of Political Science and Law ( email )

Beijing
China

HOME PAGE: http://www.cupl.edu.cn:81/sites/en/School_EN_new_Index.jsp

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