What are the TransLex principles?

The TransLex-Principles are a systematic online-collection of principles and rules of transnational commercial law.

What is the meaning of Lex Mercatoria?

merchant law
Lex mercatoria (from the Latin for “merchant law”), often referred to as “the Law Merchant” in English, is the body of commercial law used by merchants throughout Europe during the medieval period.

What are the relevant provisions of Lex Mercatoria?

Lex mercatoria is the Latin expression for a body of trading principles used by merchants throughout Europe in the medieval. Literally, it means “merchant law”. It evolved as a system of custom and practice, which was enforced through a system of merchant courts along the main trade routes.

Who created lex mercatoria?

Abstract. The idea that a homogenous law merchant once existed is a popular one used by the two founding fathers of the ‘new lex mercatoria’ movement, Berthold Goldman and Clive Schmitthoff, in order to argue in favour of a modern body of transnational mercantile law.

Is lex mercatoria a legal regime?

But how can there a set of legal rules exist outside the state? As law outside the confines of the state, it is argued by some that the lex mercatoria is not law. There is a structural de-coupling between law- making and the political institutions of the state.

What is the content of lex arbitri?

The lex arbitri usually contains rules on the constitution of the arbitral tribunal, on the powers of the arbitrators to issue interim measures, to summon witnesses and to request assistance from the local courts in such operations, and on the role of courts in the case of a challenge to an arbitrator, as well in case …

Is lex arbitri a procedural law?

The lex arbitri (also called the “procedural law” of the arbitration, the “curial law” or the “loi de l’arbitrage“) is a body of national rules that sets the general framework for the conduct of an international arbitration. This is almost always the law of the seat of the arbitration.

Why is the lex mercatoria important?

This system, named Lex mercatoria, allowed merchants to conclude transactions with different peoples without fear of being subjected to foreign rules in the event of a dispute.

Does lex mercatoria still exist?

Enforcement of Awards Based on Lex mercatoria Arbitral tribunals only exist and settle disputes because it is tolerated by the national courts.

What does lex arbitri meaning?

Is lex arbitri the same as seat?

The seat of arbitration is sometimes called Lex Arbitri. It is of crucial significance to the Seat of Arbitration, for it is the courts of the seat that have supervisory authority over the arbitral process.