Recently Damian submitted a paper to the CIArb Kenya for their Alternative Dispute Resolution Journal. His chosen topic was The Notion of Good Faith in Construction and Arbitration.
As Damian writes ‘This paper sets out to define good faith, its origins and purpose and the reaction of various commentators. The article then goes on to look at the use of good faith in different settings, whether geographical, contractual, statutory or procedural. Finally, we examine the notion and doctrine of good faith as it appears in the resolution of disputes through arbitration.’
Throughout the piece, Damian expresses the difficulties in defining good faith. Acknowledging the different definitions in each sector, and even between cases. He goes on to discuss the development from English/common law to African law and how it is applied in construction contracts. Damian also applies his specialist knowledge to explain how it can affect disputes and in particular, arbitration.
Read the full article here.