The Vindobona Journal of International Commercial Law and Arbitration
VJ Home: Archive: Abstract Article (1999) 3 VJ 1, 15-40


Good Faith & the Vienna Convention on Contracts for the International Sale of Goods

Troy Keily*

If the complex web of morality and commercial law poses difficulties in a domestic context, then elevating the issues to an international stage was certain to amplify the problem such that a marriage of contract and good faith would appear illusory. However, within the CISG a marriage of sorts does exist in Article 7(1). Eminent authors such as Bonell and Schlechtriem hold that article 7(1) of the CISG embodies an obligation of good faith as a general requirement. Beyond this position, it is an irrefutable fact that good faith, in its various manifestations, permeates the body and spirit of the CISG.

The concern of this paper is the degree to which the CISG recognises good faith. If good faith truly is a principle recognised internationally, then the CISG should be allowed to reflect this development to its full extent. To suggest otherwise is to confine the CISG to its historical vacuum.


* B.A., LLB (Hons) (Deakin). Landers & Rogers Lawyers, Melbourne (Australia) (tkeily@landers.com.au).