General Principles of Law and International Due Process

Charles T. Kotuby, Jr. is a partner at Jones Day in Washington D.C. His practice concentrates on litigation concerning foreign sovereigns and commercial and investment arbitration. He is a Fellow of the Chartered Institute of Arbitrators, and has for the past several years been teaching law schoold courses on international arbitration and dispute resolution. He is also a member of the Advisory Board of the Center for International Legal Education at the University of Pittsburgh School of Law, and clerked for Judge Joseph F. Weis of the United States Court of Appeals for the Third Circuit.Luke A. Sobota is a founding partner of the law firm of Three Crowns LLP, which is dedicated to international arbitration and adjudication involving both private and sovereign parties. For the past several years, Luke has taught law school courses on international arbitration and dispute resolution. He previously worked in the Office of Legal Counsel at the U.S. Department of Justice, where he advised and prepared legal opinions for executive branch officials in the areas of constitutional, international, and administrative law. He also clerked for William H. Rehnquist, the late Chief Justice of the U.S. Supreme Court.

This well-structured book provides an up-to-date analysis of general principles and due process, focusing on more recent developments since Bin Cheng's classic work on the topic. ... KOTUBY and SOBOTA illustrate the topic by way of extensive case law analysis issued by national and international tribunals as well as arbitral tribunals. The authors offer comprehensive guidance to practitioners and scholars.

• Foreword Acknowledgments Preface I. An Introduction to the General Principles of Law And International Due Process A. The Origin and Evolution of the General Principles of Law 1. Principles That Are General 2. Principles That Are Universal 3. Typical Usage of General Principles 4. Invocations of General Principles B. The Origin and Evolution of International Due Process 1. A Process Grounded in General Principles 2. The Concept of International Due Process 3. Specific Invocations of International Due Process II. Modern Applications of The General Principles of Law A. Good Faith in Contractual Relations 1. Pacta Sunt Servanda: Agreements Must Be Honored 2. Good Faith In Excusing Contractual Performance 3. Good Faith in Remedying Non-Performance B. Abuse of Rights and the Principle of Proportionality 1. The General Prohibition on the Abuse of Rights 2. The Principle of Proportionality C. Estoppel D. The Prohibition on Advantageous Wrongs and Unjust Enrichment E. Corporate Separateness and Limited Liability F. The Principles of Causation and Reparation G. The Principles of Responsibility and Fault III. Modern Application of the Principles of International Due Process A. Notice and Jurisdiction B. Judicial Impartiality and Judicial Independence C. Procedural Equality and the Right to be Heard D. The Prohibition of Corruption and the Nullifying Effect of Fraud: Fraus Omnia Corrumpit E. Evidence and Burdens of Proof G. The Principle of Res Judicata Epilogue Index