Lex mercatoria în contractele de comerț internațional
Lex mercatoria in international trade contracts
Author(s): Carmen Tamara UngureanuSubject(s): Law, Constitution, Jurisprudence
Published by: Editura Universităţii »Alexandru Ioan Cuza« din Iaşi
Keywords: lex mercatoria; international arbitration; applicable law;
Summary/Abstract: Abstract: Lex mercatoria is a body of a-national rules, which can be used as the applicable law to an international contract, provided that disputes between the contracting parties shall be settled by arbitration. To analyze the application of lex mercatoria are clarified, first, issues relating to the limits of choice by the parties of the applicable law and the concept of lex mercatoria and, then, are treated two possible situations: the situation in which the contracting parties have chosen lex mercatoria as the applicable law to their contract, either as the only applicable law, or as complementary rules to a national law; the situation in which the parties have not chosen the applicable law and the arbitral tribunal applies lex mercatoria for the merits of the dispute.
Journal: Analele Științifice ale Universităţii Alexandru Ioan Cuza din Iași, seria Ştiinţe Juridice
- Issue Year: LXII/2016
- Issue No: 1
- Page Range: 5-28
- Page Count: 23
- Language: Romanian