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28 Pace Int'l L. Rev. 1 (2016)

handle is hein.journals/pacinlwr28 and id is 1 raw text is: GOOD FAITH- THE GORDIAN KNOT OF INTERNATIONAL COMMERCE Bruno Zeller & Camilla Baasch Andersen* INTRODUCTION Good faith has long been one of those issues in an inter- national context: one of the issues which represent a perplexing legal bee-hive of near unanswerable questions. The concept is perceived as the desperate argument of the loosing lawyer in one jurisdiction, and the firmament of an established principle of fairness in another. Even within one jurisdiction it can rep- resent a hotbed of uncertainty and unpredictability, and when applied across borders in international commerce, this problem is compounded. Across the legal jurisdictions of the world, the term (or its multi-linguistic equivalences) has been debated at length and has either been included into domestic laws, or has been simply rejected as being too nebulous or not being able to be defined. It found its way into a host of civil law jurisdictions in different guises, and into the Uniform Commercial Code of the United States, but has only found a very unstable foot hold in English Common law, via European supranational legislation. In Aus- tralia good faith is an implied term and hence-unless specifi- cally excluded-is applicable in all contractual relationships within the State legal systems, with no clarity on what this means.1 * Dr. Bruno Zeller is a Professor of Transnational Law at the University of Western Australia, Adjunct Professor, School of Law, Murdoch University - Perth, Fellow of the Australian Institute for Commercial Arbitration, Panel of Arbitrators - MLAANZ, Visiting Professor Stetson Law School, Florida and Humboldt University Berlin; Dr. Camilla Baasch Andersen is Professor of In- ternational Commercial Law at the University of Western Australia, Fellow of the International Commercial Law Institute at University of Pace (New York) 1 Unfortunately, the Australian High Court has not yet delivered an au- thoritative statement on the topic of good faith.

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