Adverse Inference, Algeria, Arbitration, Canada, Czech Republic, Ecuador, Good Faith, IBA Rules of Evidence, Investment protection, Investor-State arbitration, Poland, Venezuela
Adverse Inferences in Defense of Good Faith
Principles of adverse inferences are applied universally. International law endorses the arbitrator’s inherent authority to draw adverse inferences against a party for unjustified non-compliance with an order to produce information. Moreover, arbitrators can rely on general principles of law when applying adverse inferences as a basis for decisions. The general principle of good faith imposes…