Introduction

6.1 The importance of the principle of good faith in international arbitration has been emphasised in many awards. Bernardo Cremades observes, in that regard, that ‘it is difficult to find any international arbitration award not based on, or that does not at least mention, good faith’.1 Yet, despite acceptance that it plays a prominent role in arbitration, the concept of good faith is a thorny one, whose meaning and functions remain nebulous.2 In particular, the scope and content of the principle of good faith vary across states and its manifestations in national laws and case law are varied and manifold. In some jurisdictions, it is not even accepted that the principle of good faith indeed constitutes – or should constitute – a self-standing principle underpinning the law of contract. In most civil law systems, the law of obligations recognises the existence of an overarching principle of good faith. In contrast, in common law, concerns about legal certainty stand as an obstacle to the recognition of a general principle of good faith.3