Duties of Good Faith in International Construction / Commercial Disputes

Speakers

• James Cameron – Pinsent Masons
• Andrew Fenn KC – Atkin Chambers
• Mathias Cheung – Atkin Chambers
• Her Honour Frances Kirkham CBE

• Spaces: 140
• Venue: Pinsent Masons, 30 Crown Place, Earl Street, London, EC2A 4ES

What this session will cover

This panel will explore the scope of duties of good faith and the role they play in international construction / commercial disputes governed by common law and civil law jurisdictions respectively.

This event will focus on construction / commercial arbitrations and should be of interest to practitioners and arbitrators in different jurisdictions from a wide variety of practice areas. The panel will consider the legal basis for imposing duties of good faith under English common law and also under the civil codes of various civil jurisdictions (e.g. Europe, Middle East and South America). It will then consider the scope of such duties in these jurisdictions, and discuss the circumstances in which arguments based on good faith may be deployed in international construction / commercial litigation and arbitrations (e.g. in relation to notice requirements for claims and termination).