Integrační pohled na nestátní prostředky a pozice lex mercatoria
| Authors | |
|---|---|
| Year of publication | 2022 |
| Type | Chapter of a book |
| MU Faculty or unit | |
| Citation | |
| Description | This book presents two fundamental concepts of understanding the non-state rules, as they appear in the field of international trade – integrative and transnational. To a certain extent, the integrative one is free of application difficulties. The non-state rules can be applied on various levels of application (conflict-oflaw, substantive and procedural) employing the principle of party autonomy. And in some cases, these rules can even become interchangeable with state law. The integrative concept appears not to possess any problems under arbitration nor litigation. One can assume that the arbitral tribunals are more familiar and sensitive to this issue than the state courts |
| Related projects: |