Application of UNIDROIT Principles to International Commercial Contracts and Emerging Issues

6 Baku St. U. L.Rev. 199 (2020)
Article language: Azerbaijani.

The global commercial activity expands and a new global law culture develops which shaped by the global economic markets. A part of this new law culture is the unification of substantial law in the field of international trade law. One of the best examples of these unified international sources of law is the UNIDROIT Principles. However, the main problem in the practice about these principles is their application. The reason for this problem is the diversity of the choice of law to be applied by the parties, which is the most common in practice: 1. Choice of national law as the applicable law to their contract by the parties; 2. The inclusion of UNIDROIT Principles to the contracts by way of incorporation; 3. Choice of lex mercatoria or the general principles of law as the applicable law to their contract by the parties; 4. The case when there is no choice of law by the parties. The main purpose of this article is to form final position on how the UNIDROIT Principles can be applied in any situations by analyzing the different views of different authors on the issue, the decisions of municipal courts of foreign countries and international arbitration courts. These positions are separate for international arbitration and domestic courts.

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