Thread: New Lex Mercatoria

Forum -> Research -> New Lex Mercatoria

Guest: Shelly - 2011-05-06 15:10:32

New Lex Mercatoria

Hello All --

I am in the process of writing a project paper and I've chosen the topic of the New Lex Mercatoria. I am interested in finding more recent primary sources which will help me determine whether or not the legal community (courts or arbitration panels) are accepting of it. I have found countless legal articles, but need these primary sources.  Of course Prof. Berger's book would be useful, but I am abroad and don't have access to it at the moment.

Also, in the process of doing research, I've learned that there is a slew of "online" arbitrations concerning online traders. Does anyone know where I can access these "proceedings". I'm interested to learn about their enforceability in the courts.

Thank you :)

be - 2011-05-08 16:07:00

RE: New Lex Mercatoria

I am not sure what you mean with "primary sources". If you mean arbitral awards or court decisions just go to TransLex and check the many references for the TransLex Principles. You find many arbitral awards there. Some of these awards are also quoted in my book "The Creeping Codification of the New Lex Mercatora", 2nd ed. 2010, see e.g. at pages 215 - 220 for the aplication of the UNIDROIT Principles as evidence of the New Lex Mercatoria. In 2001 we published the results of the first world wide survey on the use of transnational commercial law. See Berger (ed.) The Practice of Transnational Law, 2001 at 91 et seq (article on the survey) and 149 et seq (selected results).

Good luck with your research!

Klaus Peter Berger

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