Overview

This volume endeavours to accomplish a single, basic goal: to acquaint the US arbitral community with the debate - begun and pursued primarily in Europe - about the lex mercatoria, and to integrate the critical dimensions of that colloquy into the continuing elaboration of US arbitration law. This revised volume provides a more comprehensive view of the international arbitration process and a more focused and developed set of perspectives on the problem of the lex mercatoria. There are several new chapters: Chapter One describes the basic advantages of arbitration in the context of international commercial litigation; Chapter Two defines the controversy of the lex mercatoria with specificity and supplies data by which to assess it; Chapter Four elaborates upon the parallel development of the lex mercatoria; Chapter Sixteen provides a modern perspective on the lex mercatoria from the vantage point of the UNIDROIT principles; and Chapter Seventeen argues for the continued need for harmonization and achieving universal transborder standards.

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