Use Your Discretion: Good Faith Constraints on Discretionary Contractual Powers

4 Jun
14:00 - 15:30

Corporate & Commercial Disputes

Dispute Types

N/A or a mix of the above

Regions

N/A or multiple areas/global

Commercial parties depend on discretionary powers to make their relationships flexible and workable. But what are the constraints on that discretion? Good faith is a well-established obligation for contracting parties in civil law jurisdictions. In Canada and Australia there is a move towards judicial recognition of good faith as a relevant ""organizing principle"" or feature of contract law. English courts continue to resist the recognition of a general duty of good faith. What impact do these jurisdictional differences and trends have for contracting parties and their legal advisors - in drafting contacts, choice of law, and resolution of disputes.
A panel of experts from the United Kingdom, Canada, France and the Netherlands will discuss the state of the law and the implications for business choices.

Speakers

Brandon Kain , Partner - McCarthy Tetrault
Christopher Charlton, Partner - Macfarlanes
Matthijs Kuijpers, Partner - Stibbe
Matthieu Brochier, Partner - Darrois Villey Maillot & Brochier

Members Hosts

McCarthy Tetrault LLP
Macfarlanes LLP

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