Commercial Customary Law Application In International Commercial Arbitration

At present, International commercial arbitration is the most effective way to settle international commercial disputes. Commercial customary law applies to the rules of procedure or substantive of international arbitration cases by litigant or arbitration tribunal. It is beneficial in promoting promote the economic and trade exchanges and development. It also helps to development of international commercial arbitration of our country. Using the comparative analysis method, case research method and document research method, this paper introduces the doctrines of Commercial customary law, the analysis of the application of Commercial customary law in international commercial arbitration to discuss the status quo of Commercial customary law, and comment on the correlative theory. This paper also examines the tendency of unification of Commercial customary law, analyzes the trend of systematization of the theory of Commercial customary law and presents the new development trend of future. It puts forward the author's preliminary proposals for perfecting the relevant legislation and practices of international commerce arbitration in our country.The book consists of 5 parts.Partâ… : By learning the basic theory of the Commercial customary law, we can see that businessman creating the commercial regulation is different for different national statute and historical evolution of the customary law. Commercial customary law grows with the development of productivity and commodity economy, which comes out to be the basis of law merchant. Then it explains the origins and basic principals. It is also beneficial for the research of the application of the Commercial customary law.Partâ…¡: First I analyze the application of procedure rules of international arbitration by telling the difference of the concepts between arbitration law and arbitration rule. Then we derive the concept of denationalized, that is, the application rule that is no necessary to use the arbitration law and rules. On the basis of this theory, the paper concludes and analyses the situations of application of Commercial customary law in the procedural rule of international arbitration.Partâ…¢: I comment on the substantive law application of Commercial customary law in international arbitration. First, we analyze the valuable combination of the reference legislation and cases from two ways of application of Commercial customary law. Then this part annotates the defects of application especially in the uncertainty of Commercial customary law.Partâ…£: I examine the tendency of unification of commercial arbitration, and analyze the trend of systematization of the theory of Commercial customary law combined with the development of international arbitration. I conclude that the future of the Commercial customary law is to unity and codify the Commercial customary law. At last I introduce the way.Partâ…¤:The purpose of international arbitration is to reform and improve legislation. From Chinese legislation of commercial arbitration, I analyze the present status of arbitration and the substantive rules that apply to the Commercial customary law. I provide three methods to improve the system of international commercial arbitration. Firstly, I modify the existing arbitration law modeled by "UNCITRAL Model Law on international Commercial Arbitration". Secondly, I introduce the ad hoc arbitration system. Thirdly, I give the Arbitral tribunal more power in the application of laws.