Is Lex Mercatoria Jeopardizing the Application of Substantive Law? - Czech (& Central European) Yearbook of Arbitration - Borders of Procedural and Substantive Law in Arbitral Proceedings - 2013

Author(s):

Leonid Shmatenko

Page Count:

20 pages

Media Description:

1 PDF Download

Published:

March, 2013

Jurisdictions:

Russia,

Germany,

Ukraine

Practice Areas:

Applicable Law,

Lex Mercatoria,

Substantive Requirements,

UNCITRAL

Author Detail:

Dipl.-iur. Leonid Shmatenko is a Junior Fellow and Doctoral candidate at the Chair of German and Foreign Public Law, European Law and Public International Law at the Heinrich-Heine-University of Düsseldorf.

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Description:

Originally from: Czech and Central European Yearbook of Arbitration - 2013: Borders of Procedural and Substantive Law in Arbitral Proceedings

The following article discusses the application of lex mercatoria by domestic courts and international arbitral tribunals instead of or supplementary to domestic substantive law. Emphasising the legal status of lex mercatoria, the article evaluates its value compared to substantive law. To provide legal certainty, it also tries to establish certain criteria regarding the recognition of certain business principles as lex mercatoria.*