Good Faith in the CISG: Interpretation Problems in Article 7
ABSTRACT: This article examines the dispute concerning the meaning of Good Faith in the CISG. Although there are good reasons for arguing a more limited interpretation or more limited application of Good Faith, there are also good reasons for a broader approach. Regardless of the correct interpretation, however, practitioners and academics need to have a sense of where the actual jurisprudence is going. This article reviews every published case on Article 7 since its inception and concludes that while there is little to suggest a strong pattern is developing, a guided pattern while incorrect doctrinally is preferable to the current chaos.
Antitrust and Trade Regulation | Banking and Finance Law | Business Organizations Law | Commercial Law | Conflict of Laws | Contracts | Dispute Resolution and Arbitration | Economics | Government Contracts | International Law | International Trade Law | Judges | Jurisprudence | Law | Law and Economics | Legislation | Litigation | Public Law and Legal Theory
Date of this Version
Benedict C. Sheehy, "Good Faith in the CISG: Interpretation Problems in Article 7" (August 17, 2004). bepress Legal Series. bepress Legal Series.Working Paper 339.