تطبيق المحكم الدولي لعادات و أعراف التجارة الدولية

Abstract EN

This research is about the application of Lex Mercatoria on International Commercial Contracts disputes; upon which International Commercial Arbitration courts have jurisdiction, and about its legal value and its ability to achieve sufficiency in resolving these disputes.

and we concluded at the end that it has a legal value, and the parties can chose to apply it, and it can also be applied by the international arbitrator even without the selection of the parties.

But it is noticeable that it's still facing some difficulties in achieving sufficiency, such as the need for the conflictual method as justification for its application is some cases, and to fill the shortage in other cases.

In addition, its application is affected by the existence of the mandatory rules; that the arbitrator must take then in account