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Reader’s Comment on Newsletter /2008 Article “Certain Indonesian Contract Law Principles that are Relevant in International Arbitration” August 15, 2008 Dear Fred, We have not met but I read with interest your article Certain Indonesian Contract Law Principles that are Relevant in International Arbitration in the recent issue of “Indonesian Arbitration”. It might be of interest to you to know that certain Common Law jurisdictions do provide for Good Faith principles in contracts. For example, New York law requires in both the creation and conduct of a contract “good faith and fair dealing” as a statutory duty. Other common law jurisdictions have adopted principles of “good faith” and are being introduced into the development of the law. Yours sincerely, Toni de Fina August 20, 2008 Dear Toni, Thank you very much for your input on the recognition and the requirement of “good faith and fair dealing” as a statutory duty in both the formation and implementation of contracts in certain common law jurisdictions. Yours sincerely, Fred B.G. Tumbuan August 26, 2008 Dear Fred, Thank you so much for your letter. I hope you did not think I was criticizing your article because that was not the case. I thought you may not have been aware of the provisions of the US Uniform Commercial Code requiring “good faith and fair dealing”. I do not think other common law countries will adopt like provisions by statute, but interestingly in Australia, under the provisions of the Trade Practices Act 1974 (Clth) there is by s.52 a prohibition on “misleading or deceptive conduct or conduct likely to mislead and deceive”. This is, of course, not a positive obligation for “good faith and fair dealing” but it could be argued that there are some common elements. INDONESIA ARBITRATION - Quarterly Newsletter No. 4/2008
INDONESIA ARBITRATION - Quarterly Newsletter No. 4/2008 Reader’s Comment In any case it is good to hear from you and may be, if the opportunity arises in the future, we will meet again. Kind regards, Toni
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Page 19 and 20: Enforcement of Foreign Arbitration
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