Books + eBooks

What role does good faith truly play in international arbitration? Is it a binding principle, a shared value, or a flexible tool of fairness? This thought-provoking volume, born from the Annual Conference of the ICC Institute of World Business Law, brings together leading voices to explore these questions across jurisdictions and legal traditions. Spanning civil and common law systems, commercial and investment arbitration, and diverse cultural contexts, good faith emerges as both a conundrum and a cornerstone. From the interpretation of arbitration agreements to party conduct, evidentiary matters, and the merits of disputes, this principle permeates the entire arbitral process. It applies to all stakeholders—counsel, experts, witnesses, and arbitrators alike. Yet, despite its omnipresence, good faith resists a universal definition that captures its many forms and functions. Featuring contributions from renowned scholars and practitioners—including Gerard Meijer, Bernard Hanotiau, Aurelie Conrad Hari, Maximin de Fontmichel, Jeffrey Waincymer, Jalal El Ahdab, Arthur Ma, Kabir Duggal, Laurie Atchouk-Spivak, Klaus Peter Berger, and Samantha Rowe—this Dossier offers a rich and nuanced examination of good faith’s evolving role. It highlights both its power to promote fairness and integrity, and the challenges of applying it consistently across legal systems. Whether as a safeguard against abuse, a guide for interpretation, or a foundation for ethical conduct, good faith remains indispensable in international arbitration—an ever-adaptable chameleon that does not hide.