IZBIRA MATERIALNEGA PRAVA

Lex mercatoria kao izvor prava u arbitražnoj praksi

Antonije Simović

Lex mercatoria as an autonomous law is getting more affirmated. It is being accepted in the practice of the Foreign Trade Court of Arbitration at the Serbian Chamber of Commerce and in the arbitration awards as a significant source of law. The legal doctrine is also acknowledging it's growing role. Lex mercatoria is a matter of the occupation of many important international organizations. They are constantly working on harmonization of modern principles of lex mercatoria. Commercial usances are strong nucleus of lex mercatoria. The duty of arbitrators and the arbitration courts is to apply it and to develope the arbitration court's practice in accordance with it.