| Abstract: | Conclusion Historically, the conception of good faith has been shaped by a variety of forces — political, mercantile and religious among them. Similarly, the CISG also treats the duty of good faith in a holistic manner; rather that attempt to explicitly define the good faith obligation in isolated provisions, the drafters of the CISG marked good faith as an integral and pervasive requirement. The drafters rightly understood that unfair dealing is best recognized in specific factual scenarios; judges and arbitrators will know bad faith when they see it. Thus, the drafters designed a systematic approach to international sales transactions with the assumption that the basic obligations of good faith and fair dealing are understood by the parties. In so doing, they have provided a source of confidence to traders who, due to the nature of the modern international marketplace, must forge their agreements fax-to-fax rather than face-to-face.Law Clerk, Allan Kanner & Associates, New Orleans, Louisiana. B.A., 1989, Georgetown University; J.D. candidate, 1994, Tulane Law School. For their many valuable suggestions, grateful acknowledgement is made to Chris Anderson, Carla Bachechi and Joachim Zekoll. |
