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International Commercial Arbitration, Anticipatory Repudiation, and the Lex Mercatoria

2014; RELX Group (Netherlands); Linguagem: Inglês

1556-5068

Kyle Donald Winnick,

Dispute Resolution and Class Actions

Despite much attention to the lex mercatoria, international commercial arbitration remains under-analyzed as a venue for establishing a private, transnational contract law. The lex mercatoria is a supranational legal system consisting of international commercial usages and of principles and rules common to most nations. This Note considers a specific issue of substantive contract law in international commercial arbitration: anticipatory repudiation (also called anticipatory breach). Under the lex mercatoria, when will an arbitral tribunal accept the non-breaching party’s right to terminate the contract and make a claim for damages before the time of performance?