In international commercial practice, it is frequent to find preliminary agreements that state, in general or in more detailed terms, that the parties will negotiate in good faith. Although this clause might seem straightforward enough, it can present difficulties in its application. If the fact that the agreement where the clause is inserted into is of a preliminary nature is taken into account, then the difficulties increase. The content, extent and effects of this duty to negotiate in good faith within a preliminary agreement will be explored, offering a view that seeks to overcome the civil law/common law divide and that is useful for the negotiation of international commercial contracts.


A sandwich lunch will be available from 12.30. The meeting will begin at 1pm.