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Open Access. Powered by Scholars. Published by Universities.®

2008

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Duke Law

Commercial arbitration

Articles 1 - 4 of 4

Full-Text Articles in Law

The Many Lives — And Faces — Of Lex Mercatoria: History As Genealogy In International Business Law, Nikitas E. Hatzimihail Jul 2008

The Many Lives — And Faces — Of Lex Mercatoria: History As Genealogy In International Business Law, Nikitas E. Hatzimihail

Law and Contemporary Problems

It has been claimed that cross-border business transactions are governed by a transnational body of norms specific to international trade, generally known as lex mercatoria, the law merchant. This legal phenomenon is in fact often described as the new lex mercatoria, as distinguished from the ancient law merchant, which purportedly flourished in medieval and early modern Europe. Here, Hatzimihail discusses about lex mercatoria, which has been variously described by its advocates as a set of general principles and customary rules spontaneously referred to or elaborated in the framework of international trade.


Commercial Peace And Political Competition In The Crosshairs Of International Arbitration, Thomas E. Carbonneau Apr 2008

Commercial Peace And Political Competition In The Crosshairs Of International Arbitration, Thomas E. Carbonneau

Duke Journal of Comparative & International Law

No abstract provided.


International Commercial Arbitration And International Courts, Mark L. Movsesian Apr 2008

International Commercial Arbitration And International Courts, Mark L. Movsesian

Duke Journal of Comparative & International Law

No abstract provided.


Litigation, Arbitration, And The Transnational Shadow Of Law, Christopher A. Whytock Apr 2008

Litigation, Arbitration, And The Transnational Shadow Of Law, Christopher A. Whytock

Duke Journal of Comparative & International Law

No abstract provided.