Recognition and Application of Lex Mercatoria in International Contract Law

Student: Muntynov Aset

Supervisor: Dmitry Mikhailovich Maksimov

Educational Programme: Private International Law (Master)

Year of Graduation: 2017

The present work is devoted to the study of the modern legal nature of the doctrine of lex mercatoria as a contradictory yet effective means of resolving the most complex disputes in international commercial arbitration and national courts. The author identifies conflicts and other controversial issues that inhibit the process of formation and development of lex mercatoria, and establishes ways of linking it with international commercial arbitration and national courts. In this thesis, the differences and peculiarities of competing lex mercatoria sources are gradually compared and identified, the preconditions and arbitration consequences of its application in resolving disputes involving international contracts are determined, and an in-depth analysis of its application in foreign and domestic practice is conducted. Furthermore, we also analyse its place in Russian law.

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