Good Faith in International Commercial Arbitration

Georgios Martsekis is Associate at Plesner’s International Arbitration Practice Group in Copenhagen, Denmark, where he focuses on complex and high-value investment and commercial arbitration cases. He holds a PhD (Summa cum Laude) from the National and Kapodistrian University of Athens. He is also an attorney-at-law licensed to practice before the Court of Appeals in Greece. George possesses one LLM from Queen Mary University of London (Merit) and another LLM from Georgetown University Law Center (Distinction & Dean’s List). He has served for several years as a foreign associate and consultant at national and international law firms in New York, Washington D.C., London and Athens in the field of international arbitration, public international law as well as corporate and commercial law.

This monograph offers a thorough examination of good faith in international arbitration, bridging theory and practice. Dr. Martsekis analyzes the substantive, procedural, and interpretive functions of the principle while highlighting the potential for a transnational standard - a valuable resource for practitioners and scholars.Gary Born, International Commercial Arbitration (2020)This original, important and outstanding book offers an illuminating analysis of the concept of good faith in international commercial arbitration, its application across different legal systems and legal contexts. Martsekis convincingly demonstrates that good faith is neither silver bullet nor empty shell, but a nuanced principle that plays a critical role in the law.John Fellas, Arbitrator, Fellas Arbitration, Adjunct Professor of Law, NYU, Honorary Professor of Law, Durham Law SchoolAn excellent work which explores the operation of good faith in international commercial arbitration (ICA). Dr. Martsekis employs civil and common law perspectives to demonstrate how good faith infuses all stages of ICA. The book analyses good faith's role in balancing between party autonomy and arbitrator discretion. It considers how good faith underpins the gap-filling and contract interpretation functions which tribunals routinely carry out. This is important when abuse of rights and due process issues are increasingly raised in ICA. For academics and practitioners, this monograph provides valuable insights into the integrity of ICA as a means of dispute resolution. Anselmo Reyes, Arbitrator, Professor of Law, University of Hong Kong, International Judge of the Singapore International Commercial Court

• 1. IntroductionPART I: Substantive Function of Good Faith2. Anatomy of Substantive Good Faith3. Normative Good Faith when National Law is Applicable to the Merits4. Corrective Good Faith when National Law is Applicable to the Merits5. Transnational Good FaithPART II: Interpretive Function of Good Faith6. Application of Interpretive Good Faith to the Contract and Arbitration Agreement7. Interpretive Good Faith in Determination of the Law Applicable to the MeritsPART III: Procedural Function of Good Faith8. Good Faith as a Standard of Procedural Fairness9. Conclusion