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The pursuit of good faith in oil and gas contracts and arbitrations

In: Predictability in Oil and Gas Investment Agreements

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Abstract

The duty to act in good faith is often perceived as controversial, especially in English common law. Yet, the book argues that this principle could contribute to the pursuit of certainty and predictability by including it in investment treaties and/or oil and gas contracts more explicitly. It is believed that good faith plays a vital role in protecting the investment as a whole and the rights of the parties. The duty to act in good faith is not a one-sided obligation only. Instead, both host states and foreign investors have a duty to act in good faith and there are repercussions in cases of lack of compliance with the principle.

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  • ., 2024. "The pursuit of good faith in oil and gas contracts and arbitrations," Chapters, in: Predictability in Oil and Gas Investment Agreements, chapter 3, pages 51-104, Edward Elgar Publishing.
  • Handle: RePEc:elg:eechap:22141_3
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    File URL: https://www.elgaronline.com/doi/10.4337/9781035308309.00006
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    Law - Academic;

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