ABSTRACT
The present chapter seeks to ascertain, from the standpoint of a civil lawyer, the practical implications of good faith in the resolution of transnational construction disputes submitted to international commercial arbitration. For that purpose, the first section sets out the potential sources of good faith that may be used by arbitral tribunals in the resolution of transnational construction disputes. It is essentially submitted in that respect that the principle of good faith may be enshrined in various instruments such as national laws, express contractual provisions, as well as transnational rules and principles deriving from non-state sources. The second section subsequently focuses on the practical implications of good faith in relation to the resolution of international construction disputes by arbitral institutions and in the shaping of contractual tools and arrangements developed and used in the construction industry.
