Should there be a Lex Mercatoria developed to Facilitate Greater Certainty in Arbitral Proceedings?

Topic: Should there be a Lex Mercatoria developed to Facilitate Greater Certainty in Arbitral Proceedings?

Order Description
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
This work must include at least 4 peer-reviewed journal articles, and no more than 2 monographs/book chapters/policy reports, and no more than a single textbook. There
is no limit in terms of primary material for example treaties, but the goal is to summarise the debate regarding the law in a certain area, and not the law itself.
– Pages should be number
– PLEASE DO REFERENCING IN OSCOLA STYLE ( FULL BOTH FOOTNOTES AND BIBLIOGRAPHY) THIS IS VERY IMPORTANT!!!
Proposed References:
Barcelo III, JJ “Who Decides the Arbitrators’ Jurisdiction? Separability and Competence-Competence in Transnational Perspective” (2003) 36 Vand J Transnat’l L 1115
Cremades, BM and Plehn, SL “New Lex Mercatoria and the Harmonisation of the Law of Commercial Transactions” (1984) 2 BU Int’l L 317
Lillich, RB and Browser, CN International Arbitration In The 21st Century: Towards “Judicialization” And Uniformity – Twelfth Sokol Colloquium (Transnational
Publishers, 1994)
Marful-Sau S “Can International Commercial Arbitration be Effective without National Courts? A Perspective of Courts involvement in International Commercial
Arbitration, (2008-9), CEPMLP Annual Review, Dundee University http://www.dundee.ac.uk/cepmlp/gateway/index.php?news=30818 accessed March 17, 2014
Ralf, M “The True Lex Mercatoria: Law Beyond the State” (2007) Indiana Journal of Global Legal Studies 14(2)
Sweet, AS “The New Lex Mercatoria and Transnational Governance” (2006) Journal of European Public Policy 13(5).
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