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Non-national Sources of Applicable Substantive Law in International Commercial Arbitration

Student: Potapov Dmitrii

Supervisor: Konstantin Putrya

Faculty: School of Law

Educational Programme: Jurisprudence (Bachelor)

Year of Graduation: 2021

This paper examines the use of non-national sources of applicable substantive law in international commercial arbitration. The author, сovering the topic and solving the tasks set for himself, analyzes the basic provisions of the concept of non-national rules of law, their legal nature and essence, and also provides a classification of the sources of these rules of law. In the second chapter, the author examines the limitations and conditions for the use of non-national norms of substantive law in international commercial arbitration, paying special attention to the principle of the autonomy of the will of the parties. In addition, the author analyzes the possibility of recognition and enforcement of arbitral awards made using non-national sources, identifies the key features and main problems of their direct application on the example of commercial arbitration practice. In conclusion, the author evaluates the rationality and effectiveness of the use of this concept, as well as the main directions of its further development.

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