French-speaking seminar discussing procedural and substantive good faith in international arbitration.
The session will cover the meaning and boundaries of substantive and procedural good faith in the conduct of arbitral proceedings, and the tribunal and national courts' authority to enforce it. The format consists of an interactive Q&A, with high-profile speakers sharing their views and experiences and inviting input from the audience throughout with Claire Morel de Westgaver and Caroline Croft moderating.
The notion of good faith in common law and civil law jurisdictions;
The role of good faith in treaty and contract interpretation, including whether it can be used as a negative defence against claims or as a positive basis for claims;
The parties' obligation to act in good faith during pre-arbitral negotiations and the conduct of arbitral proceedings;
The duty of arbitrators and arbitral institutions to act in good faith; and
The role of good faith in actions to challenge the award.