Volume 24, Issue 88 (winter 2020)                   __Judicial Law Views __2012__, 24(__59__): __224102 | Back to browse issues page

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mafi H, abtahi F. Application of Lex Mercatoria as Applicable Law in International Commercial Arbitration. دیدگاه‌های حقوقی. 2020; 24 (88) :81-102
URL: http://jlviews.ujsas.ac.ir/article-1-1196-en.html
1- University of Justice and Administrative Justice , hmynmafi@yahoo.com
2- University of Justice and Administrative Justice
Abstract:   (1055 Views)
In settling disputes regarding international commercial arbitration, the parties may instead of choosing the law of one country to choose lex mercatoria or the law of merchants as a applicable law to the disputes. When this choice is possible that applicable choice of law rules recognizes such power for the parties. The principle of autonomy is choosing lex mercatoria has been recognized in many national laws and arbitration tribunal regulations. Non-dependence on no state or sovereignty is the most important feature of this system that increase its desirability in the scene of international commercial arbitration. Thus, it should be seen what is the purpose of lex mercatoria as a spontaneous law whose rules drive from trade usages and what is its nature. Whether it is a full legal system and whether lex mjercatoria as a set of principles and legal rules that is not followed any state law has the potential to be applied as the applicable law to international commercial arbitration or not. The article findings are to the effect that arbitral tribunals have applied lex mercatoria in cases where the substantive applicable law has not been determined by the parties and its application as an independent substantive law was in a few cases.
 
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Type of Study: Research | Subject: Pivate Law
Received: 2018/02/02 | Revised: 2021/07/14 | Accepted: 2019/06/10 | Published: 2020/10/07 | ePublished: 2020/10/07

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