Возможность выбора ненационального права: lex mercatoria

Abstract

In recent decades modern foreign law doctrine and practice of commercial arbitration increasingly attach more importance to the instruments developed by international NGOs. A significant number of such instruments has been developed in international trade resulting in non-national trade l aw concepts: lex mercatoria. These concepts substantiate the necessity of regulation of international economic relations not only b y international and national law norms but also by the rules fixed and recognized by the direct participants of the relations. Nowadays lex mercatoria concepts are widely spread and thoroughly developed in foreign science, with this law being often attached an important role to in dispute settlement in international commerce. Nevertheless, it cannot be definitely stated that lex mercatoria is a generally accepted legal system. Academic work is underway in identifying the character of this law. At the same time, issues that are connected with lex mercatoria use are gradually settled within international instruments and commercial arbitration. The author tries to trace motivation of the lex mercatoria supporters and opponents and clear up to what extent national legal systems recognize the right of the parties to the international economic relations to use lex mercatoria as a manifestation of the party autonomy and h ow this opinion influences the position of international commercial arbitration.