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Date: 01.06.2003
Country: Arbitral Award
Number:
Court: Arbitration Centre of the Costa Rican Chamber of Commerce
Parties: Unknown
Citation: http://www.unilex.info/case.cfm?id=1101
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“Without applying them as a source of law not agreed upon or invoked by the parties, but instead for their doctrinal value, it is relevant to recall that the UNIDROIT Principles of International Commercial Contracts were repeatedly applied in several awards of the I.C.C. International Court of Arbitration up until 1998 and also in domestic arbitration. These Principles are the result of years of intensive comparative investigation and deliberation carried out by group of selected legal experts from the most diverse legal systems …. .
In contracts that involve the reciprocal performance of contractual obligations, as the one that existed in this case, the parties must comply with the principle of good faith and especially with the duty of cooperation (the ‘Mittwirkungspflichten’ of German doctrine), they must particularly make their best efforts in achieving the object of the contract. Therefore, they must perform the activities that are instrumentally necessary for the accomplishment of the main obligation (‘Nebenleistungspflichten’) and should not obstruct the execution of the contract nor cause damage to their counterparty (‘Schadenverhütungspflichten’).
The duty of cooperation is one of the general principles of the Lex Mercatoria that arbitrators in international trade stalwartly enforce. This principle is mainly applied in relation to the performance of contracts. The I.C.C. International Court of Arbitration has stated that each party must act in a way that does not damage the other party and that the parties must comply with this obligation of cooperation that modern doctrine derives from the principle of good faith that must govern the execution of every contract. Additionally, it has recently been provided by I.C.C. International Court of Arbitration that according to the UNIDROIT Principles of International Commercial Contracts, the usages of international trade require good faith in the fulfilment of contractual obligations (I.C.C., Award 9593, 1998).”

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