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1 Disp. Resol. Int'l 199 (2007)
Applicability of UNIDROIT Principles of International Commercial Contracts in Courts and Arbitration Tribunals

handle is hein.journals/disreint1 and id is 205 raw text is: 199 Applicability of UNIDROIT Principles of International Commercial Contracts in Courts and Arbitration Tribunals Markiyan Kliuchkovskyi* This paper discusses the quite vast applicability of the UNIDROIT Principles of International Commercial Contracts by the arbitral tribunals and national courts virtually worldwide despite the fact that the UNIDROIT Principles are not always viewed as a source of law in its traditional sense. While there is a relative agreement that the Principles should be applicable where expressly chosen by the parties to the contract as governing rules, applicability of the Principles in the absence of an express choice (or no choice at all) is disputable. This paper analyses the reasons for the courts' and tribunals' consent or refusal to apply the Principles and gives an opinion on the roles of the Principles as a source of law and legitimacy of their broad application. Introduction When a group of outstanding lawyers gathered together to work in their private capacities under the auspices of the International Institute for the Unification of Private Law (UNIDROIT) in Rome, they had as their goal drafting a document that would be a non-legislative means of harmonisation and unification of law, as opposed to formal instruments that often fail to serve

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