Abstract
This chapter explores how international arbitration might be serving as a conduit for the convergence of common and civil law conceptions of good faith. It first examines the differing approaches taken in this regard in both systems, describing, on the one hand, the English courts’ traditional resistance to entertain the notion that a general obligation of good faith applies to every contract and, on the other, the civil law approach to good faith. It then surveys investment and commercial arbitration cases, as well as recent judgments from the English courts, to conclude that there may be a movement towards a more consistent approach between common and civil law in regards to good faith.
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