Good faith in parallel trade and investment disputes

Tania Voon, Andrew D. Mitchell, James Munro

Research output: Chapter in Book/Report/Conference proceedingChapter (Book)Researchpeer-review

Abstract

This chapter assesses the role of good faith in managing parallel investment and trade disputes. It considers the jurisdictional and substantive overlap in trade and investment regimes that give rise to parallel disputes, and the normative considerations such as double remedies and conflicting outcomes that inform why parallel disputes may need to be proactively managed by adjudicatory bodies in certain circumstances. The principle of good faith has provided the conceptual framework for the development of a number of legal tools to manage parallel disputes including lis pendens, estoppel, and abuse of rights, and this chapter evaluates the extent to which they may be deployed in trade and investment regimes. Although these tools are available to varying degrees within both trade and investment regimes, a margin of uncertainty exists in their scope and application, such that they are insufficient to manage disputes that originate across the two regimes.
Original languageEnglish
Title of host publicationGood Faith and International Economic law
EditorsAndrew D. Mitchell, Mitchell M. Sornarajah, Tania Voon
Place of PublicationOxford UK
PublisherOxford University Press
Chapter4
Pages60-87
Number of pages28
Edition1st
ISBN (Print)9780198739791
DOIs
Publication statusPublished - 2015
Externally publishedYes

Publication series

NameInternational Economic Law Series
PublisherOxford University Press

Keywords

  • good faith
  • trade
  • investment
  • disputes
  • estoppel

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