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The concept of good faith in international business and investment disputes: the arbitrator’s dilemma

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The concept of good faith has been a subject of perennial controversy since it was derived from the Roman legal equivalent ‘bonas fides’. Juristic views on and the legal conceptualization of the idea of good faith may often vary across the cultural divides and legal traditions. At a higher level of abstraction there may be a semblance of understanding that it is a moral principle and is reflective of all good senses such as honesty, good conscience, fairness, equity, reasonableness, equitable dealing or fair dealing, etc., but its application may cause the divergence of opinions. This has caused some uncertainty about the nature of the concept itself and the consequent unpredictability of the outcome of its application.
Original languageEnglish
Pages (from-to)1-4
Number of pages4
JournalKluwer Arbitration Blog
Publication statusPublished - 30 Apr 2012

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