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Security for costs can only be granted in the most extreme case, i.e. when an essential interest of either party stands in danger of irreparable damage
Basic procedural fairness, respect for confidentiality and legal privilege, the right of parties to seek advice and the respect for the tribunal are among the fundamental principles of the ICSID arbitral process; the parties have an obligation to arbitrate fairly and in good faith and a tribunal has the inherent jurisdiction to ensure that this obligation is complied with
- International Investment Treaties (IITs) > International Law Rules Applicable to IITs > Relationship of IITs to Other Sources of International Law > Relationship of an IIT to General Principles of International Law > Good Faith
- ICSID Convention > General Remarks
While a state has a right and duty to investigate crime, this investigative power may not be exercised without regard to the rights and duties in a parallel ICSID arbitration
If the claimant's standing depends on the ownership of bearer shares, arrangements for the inspection of these shares by the respondent require greatest care
International Law Rules Applicable to IITs
Relationship of IITs to Other Sources of International Law
Relationship of an IIT to General Principles of International Law
Good Faith
Basic procedural fairness, respect for confidentiality and legal privilege, the right of parties to seek advice and the respect for the tribunal are among the fundamental principles of the ICSID arbitral process; the parties have an obligation to arbitrate fairly and in good faith and a tribunal has the inherent jurisdiction to ensure that this obligation is complied with
Correct Claimant
If the claimant's standing depends on the ownership of bearer shares, arrangements for the inspection of these shares by the respondent require greatest care
Costs
Further Problems
Security for costs can only be granted in the most extreme case, i.e. when an essential interest of either party stands in danger of irreparable damage
General Remarks
Basic procedural fairness, respect for confidentiality and legal privilege, the right of parties to seek advice and the respect for the tribunal are among the fundamental principles of the ICSID arbitral process; the parties have an obligation to arbitrate fairly and in good faith and a tribunal has the inherent jurisdiction to ensure that this obligation is complied with
While a state has a right and duty to investigate crime, this investigative power may not be exercised without regard to the rights and duties in a parallel ICSID arbitration