Jump to ContentJump to Main Navigation
Good Faith and International Economic Law$
Users without a subscription are not able to see the full content.

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

Show Summary Details
Page of

PRINTED FROM OXFORD SCHOLARSHIP ONLINE (www.oxfordscholarship.com). (c) Copyright Oxford University Press, 2019. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 19 October 2019

Good Faith in Parallel Trade and Investment Disputes

Good Faith in Parallel Trade and Investment Disputes

Chapter:
(p.60) 4 Good Faith in Parallel Trade and Investment Disputes
Source:
Good Faith and International Economic Law
Author(s):

Tania Voon

Andrew D Mitchell

James Munro

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780198739791.003.0004

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

Oxford Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.

Please, subscribe or login to access full text content.

If you think you should have access to this title, please contact your librarian.

To troubleshoot, please check our FAQs , and if you can't find the answer there, please contact us .