Aiton v Transfield: Are agreements to mediate (or negotiate) in good faith enforceable? An Australian case rejects a 1992 House of Lords decision in the negative.
Article from: TDM 0 (2003), in International Commercial Arbitration
Abstract
English Law (as at 1992) rejected the concept of 'negotiation in good faith' as "repugnant" but such concept is an express statutory obligation in much of the world including the USA and Canada. A recent Australian case surveys the jurisprudence and suggests that English law is out of step with the rest of the world. Does 'negotiation in good faith' have substantive meaning in a common law jurisdiction? Are the interests of the parties hereby prejudiced? Are agreements to 'negotiate in good faith' enforceable at law? The conclusions of this article are, ...