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Good Faith and International Economic Law$
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Andrew D. Mitchell, M Sornarajah, and Tania Voon

Print publication date: 2015

Print ISBN-13: 9780198739791

Published to Oxford Scholarship Online: June 2015

DOI: 10.1093/acprof:oso/9780198739791.001.0001

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Good Faith in Parallel Trade and Investment Disputes

Good Faith in Parallel Trade and Investment Disputes

(p.60) 4 Good Faith in Parallel Trade and Investment Disputes
Good Faith and International Economic Law

Tania Voon

Andrew D Mitchell

James Munro

Oxford University Press

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.

Keywords:   good faith, trade, investment, disputes, estoppel

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