Lex mercatoria and private international arbitration = Lex mercatoria y arbitraje privado internacional Articles uri icon

publication date

  • March 2020

start page

  • 63

end page

  • 85

issue

  • 1

volume

  • 12

International Standard Serial Number (ISSN)

  • 1989-4570

Electronic International Standard Serial Number (EISSN)

  • 1989-4570

abstract

  • The "New Lex Mercatoria" is not a "legal system" or a defined set of rules, but a "method". In this sense, the New Lex Mercatoria consists of giving authorization to the courts and/or arbitrators to assess different legal materials regulating international trade; following that, they will extract the "most appropriate rules" to solve the litigation. It is, therefore, a method to achieve adequate decisions in international trade (Method of Decision-Making). Thus, the arbitrator is prevented from applying a single national Law, which is exactly what the parties intended to avoid at all costs and the reason why they chose the New Lex Mercatoria. In other words, it can be affirmed that the methodological approach to the New Lex Mercatoria is the most operative, useful and complete, as well as the one that enables us to develop a metacriticism of the New Lex Mercatoria as a source of Law in international trade.

keywords

  • arbitration, efficiency principle; general principles of law recognized by civilized nations; general principles of private international law, globalization; international contracts; international trade; delocalization, mandatory rules (in international trade); new lex mercatoria; “norsolor syndrome” private international law; public policy, sources of law; uniform law