- Arbitral Award
- ICC International Court of Arbitration ICC-FA-2020-005
CONTRACT BETWEEN NORTH AFRICAN AND NORTH AMERICAN PARTIES AND EUROPEAN PARTY - UNIDROIT PRINCIPLES AS MEANS TO INTERPRET AND SUPPLEMENT APPLICABLE DOMESTIC LAW (MOROCCAN LAW)
PRINCIPLE OF GOOD FAITH IN CONTRACT PERFORMANCE - FORMULATION OF ART. 231 MOROCCAN CODE OF OBLIGATIONS BROADER THAN ART. 1134 FRENCH CIVIL CODE - REFERENCE TO ARTS. 1.7 AND 5.1.3 UNIDROIT PRINCIPLES TO CONFIRM THE SOLUTION ADOPTED UNDER MOROCCAN LAW
In a dispute relating to a contract between North African-North American parties (Claimants) and a European party (Defendant), governed by Moroccan law, the Arbitral Tribunal referred to Arts. 1.7 and 5.1.3 UNIDROIT Principles in order to affirm that the principle of good faith expressed by Art. 231 of the Moroccan Code of obligations and contracts is a general principle of law recognized also in the context of international commercial contracts and which forms part of the lex mercatoria.
The Arbitral Tribunal had to decide if Claimants had violated the general duty of good faith which arose from the contractual relationship and from the legitimate expectations that Respondent could infer from it.
In doing so, the Arbitral Tribunal noted that the wording used in this regard by Art. 231 of the Moroccan Code of obligations and contracts is broader in its formulation than the rule of the French civil code from which it is clearly inspired.