Good Faith in the Cisg: The Interpretation Problems of Article 7

(2007) Review of the Convention on Contracts for the International Sale of Goods (CISG) ed. by Pace International Law Review 153-196

48 Pages Posted: 16 Aug 2005 Last revised: 2 Jul 2013

Date Written: October 5, 2004

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.

Keywords: CISG, Article 7, Good Faith, Contract Disputes

JEL Classification: F1, F13

Suggested Citation

Sheehy, Benedict, Good Faith in the Cisg: The Interpretation Problems of Article 7 (October 5, 2004). (2007) Review of the Convention on Contracts for the International Sale of Goods (CISG) ed. by Pace International Law Review 153-196, Available at SSRN: https://ssrn.com/abstract=777105 or http://dx.doi.org/10.2139/ssrn.777105

Benedict Sheehy (Contact Author)

University of Canberra ( email )

Canberra, Australian Capital Territory 2601
Australia

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