Author: Guy ROBIN
N0:6 of 2005
The principle of good faith or its equivalent such as estoppel has been recognized under different systems of law and admitted as a general principle of law applicable in international trade. As such good faith participates to moralisation of contracts and is taken into account at the different levels of the contractual evolution: establishment, performance and termination and thus either by State judges or arbitrators.
Good faith as well as estoppel are also used in procedural matters in order to sanction any statement or representation made by a party leading the other to modify its position to its detriment or to the benefit of the 1st party.