Topic: Should there be a Lex Mercatoria developed to Facilitate Greater Certainty in Arbitral Proceedings?
I’d like you to write me a literature review.
This is some detail briefly about the topic:
A particular problem in arbitral determinations is the choice of law because this can change how the contract is interpreted. There has been a body of principles developed on the power of the arbitral tribunal (i.e. competence-competence, separability and the recognition and enforcement of awards). Nonetheless, if contractual certainty is the basis of the arbitral model then it is necessary that a lex mercatoria is created that is truly separate from the enforcement of awards by national courts. Therefore, this research will examine the plausibility of a lex merctoria to bind arbitral tribunals.
I’d like to give you overview/instructions that writer need to follow.
– Bibliography/reference list should consist of seven distinct academic sources from the following list (divided according to type):
Journal articles (peer reviewed): 4 – 7
Monographs, reports or chapters in edited scholarly books: 0 – 2
Textbooks: 0 – 1