Abstract

ALBORNOZ, María Mercedes. The Law Applicable to International Contracts in Mercosur States. Bol. Mex. Der. Comp. [online]. 2009, vol.42, n.125, pp.631-666. ISSN 2448-4873.

Mercosur has no single legal frame work for international contracts. Instead, dif ferent member countries apply their own systems of private international law. This paper shows that the current situation undermines party autonomy and how member states, often unable to resist the pressures of international trade, accept arbitration rules that allow for the choice of the law applicable to the substance of the dispute. It also argues that this fact gradually promotes the idea that contractors can agree on the law applicable to international contracts.

Keywords : international contract; applicable law; party autonomy; proximity; lex mercatoria; international arbitration; Mercosur; Latin America.

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