Introduction

Good faith is a hot topic in English law about which it is not unusual for members of the profession to hold strong and diametrically opposed views. It is an issue which may yet prove to be relevant in disputes triggered by the COVID crisis, which will be determined in arbitration and the English courts. A strong proponent of good faith (Lord Leggatt) has recently joined the Supreme Court. This webinar consisted of a round table discussion by leading experts from a range of specialisms: maritime, commercial, and financial.

We are delighted that Sir Bernard Eder agreed to chair and moderate the debate: the subject is one in which Sir Bernard has a special interest and was the subject of his keynote address “The Relevance of Good Faith in Shipping Disputes” which he had given at the 44th Annual MLAANZ Conference.

Amongst discussed and debated matters were:

• Recent developments in English law, including Taqa Bratani Limited v Rockrose [2020] EWHC 58 (Comm)
• Changes overseas, including in Canada where two decisions are pending in the Supreme Court on the issue of good faith;
• Whether adoption of good faith as an incident of contractual performance is either necessary or desirable?

LSLC is a specialist Centre of excellence for continuing education, debates on pivotal issues in ADR, Maritime and Transport Law, Environmental Shipping Law, Marine insurance, E-Commerce and new Technologies, Finance and other related practical subjects.

Should you wish to view this webinar again please click on this link for the recording: https://youtu.be/B2j8PliRBVg.