نوع مقاله : مقاله پژوهشی
نویسنده
دکتری حقوق خصوصی از دانشکدۀ حقوق و علوم سیاسی دانشگاه تهران
چکیده
کلیدواژهها
عنوان مقاله [English]
نویسنده [English]
At present, new tendencies in international commercial arbitration try to delocalize and gives more independence to arbitration, from national laws. The ultimate degree of this independency is demonstrated in Lex Mercatoria theory. In recent years this theory has been gone beyond the frontiers of pure theory and entered into the national laws of some countries such as Netherlands, France and India. In addition, arbitration rules of international governmental and non-governmental organization and arbitration entities intends more and more to recognize arbitration awards issued based on anational laws to settle international commercial disputes. Finding a philosophic foundation for Lex Mercatoria which pretends rising the third legal system against national and public international law has been less taken in to consideration. Justification of the foundation of this law is encountered with three major obstacles: close relationship between law and state, enforcement and concept of law, itself. On the other hands, the relationship between Lex Mercatoria and the other legal system (official or non-official) is inevitable challenge.
کلیدواژهها [English]
)