Volume 27 (2010) / Issue 1
A recent Australian decision enforcing a multi-tiered arbitration clause requiring the parties to hold “genuine and good faith negotiations” attempts to give legal effect to the (frequently expressed) intentions of commercial parties. However, the decision raises a number of concerns about how any obligation to negotiate in “good faith” should be defined. This article explores these issues in greater detail, contrasting the position in Australia with that in England and Wales.
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