The Lex Mercatoria and International Contracts: A Challenge for International Commercial Arbitration?

78 Pages Posted: 14 Jan 2012

See all articles by A. F. M. Maniruzzaman

A. F. M. Maniruzzaman

University of Portsmouth - School of Law; Centre for Energy, Petroleum and Mineral Law and Policy, University of Dundee; Faculty of International Law, China University of Political Science and Law

Date Written: February 5, 1999

Abstract

The quest for a third legal order, popularly known as the lex mercatoria, stems from many jurists' conviction that neither municipal law nor international law is appropriate or suitable for dealing with international commercial disputes when parties from different countries are involved. There appears to be some perennial issues of the lex mercatoria that have created controversies amongst the jurists. Furthermore, scant attention has been paid in the literature to the issue of the lex mercatoria's applicability to State contracts. The purpose of this article is to evaluate these controversial issues afresh in the light of recent developments. The article, however, concentrates on the lex mercatoria primarily as a body of substantive law applicable to international commercial contracts, including State contracts, in the context of international commercial arbitration.

Keywords: Lex Mercatoria, Transnational Commercial Law, State Contracts, Arbitration

Suggested Citation

Maniruzzaman, A. F. M., The Lex Mercatoria and International Contracts: A Challenge for International Commercial Arbitration? (February 5, 1999). American University International Law Review, Vol. 14, No. 3, p. 658, 1999. Available at SSRN: https://ssrn.com/abstract=1338060

A. F. M. Maniruzzaman (Contact Author)

University of Portsmouth - School of Law ( email )

Richmond Building
Portsmouth, Hampshire PO1 3DE
United Kingdom
+44 (0)2392844194 (Phone)

HOME PAGE: http://www.port.ac.uk/departments/academic/law/staff/title,23599,en.html

Centre for Energy, Petroleum and Mineral Law and Policy, University of Dundee ( email )

Nethergate
Dundee, Scotland DD1 4HN
United Kingdom

Faculty of International Law, China University of Political Science and Law ( email )

Beijing
China

HOME PAGE: http://www.cupl.edu.cn:81/sites/en/School_EN_new_Index.jsp

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