Abstract

http://ssrn.com/abstract=838028
 
 

References (114)



 
 

Citations (4)



 


 



The Procedural Lex Mercatoria: The Past, Present and Future of International Commercial Arbitration


Luke R. Nottage


University of Sydney - Faculty of Law; University of Sydney - Australian Network for Japanese Law

December 1, 2006

Sydney Law School Research Paper No. 06/51
CDAMS Discussion Paper No. 03/1E

Abstract:     
This paper begins by suggesting that the substantive Lex Mercatoria is showing signs of growing formalisation, evident in the progression from the 1980 UN Sales Convention (CISG) to the more detailed provisions of the 1994 UNIDROIT Principles of International Commercial Contracts (UPICC). Similarly, international commercial arbitration law and practice became increasingly formalised over the 1980s. However, since the late 1990s there have been signs of a shift back towards more informalism - especially attempts to regain the advantage of speedier proceedings compared to cross-border litigation - and, often relatedly, more global solutions to major issues arising in the arbitration world. The paper urges further and consistent developments in both respects, leaving the broader question of whether the substantive Lex Mercatoria also may be due for a swing back towards less formal norm-setting.

Number of Pages in PDF File: 38

Keywords: arbitration, contract law, comparative law

JEL Classification: K41

working papers series


Download This Paper

Date posted: November 6, 2005 ; Last revised: July 4, 2013

Suggested Citation

Nottage, Luke R., The Procedural Lex Mercatoria: The Past, Present and Future of International Commercial Arbitration (December 1, 2006). Sydney Law School Research Paper No. 06/51; CDAMS Discussion Paper No. 03/1E . Available at SSRN: http://ssrn.com/abstract=838028 or http://dx.doi.org/10.2139/ssrn.838028

Contact Information

Luke R. Nottage (Contact Author)
University of Sydney - Faculty of Law ( email )
Faculty of Law Building, F10
The University of Sydney
Sydney, NSW 2006
Australia
University of Sydney - Australian Network for Japanese Law
Room 640, Building F10, Eastern Avenue
Sydney, NSW 2006
Australia
Feedback to SSRN


Paper statistics
Abstract Views: 6,969
Downloads: 1,784
Download Rank: 4,203
References:  114
Citations:  4

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo5 in 0.313 seconds