I’d like you to write me a literature review. This is some detail briefly about the topic: A particular problem in arbitral determinations is the choice of law because this can change how the contract is interpreted. There has been a body of principles developed on the power of the arbitral tribunal (i.e. competence-competence, separability and the recognition and enforcement of awards). Nonetheless, if contractual certainty is the basis of the arbitral model then it is necessary that a lex mercatoria is created that is truly separate from the enforcement of awards by national courts. Therefore, this research will examine the plausibility of a lex merctoria to bind arbitral tribunals. I’d like to give you overview/instructions that writer need to follow. – Bibliography/reference list should consist of seven distinct academic sources from the following list (divided according to type): ? Journal articles (peer reviewed): 4 – 7 ? Monographs, reports or chapters in edited scholarly books: 0 – 2 ? Textbooks: 0 – 1 This work must include at least 4 peer-reviewed journal articles, and no more than 2 monographs/book chapters/policy reports, and no more than a single textbook. There is no limit in terms of primary material for example treaties, but the goal is to summarise the debate regarding the law in a certain area, and not the law itself. – Pages should be number – PLEASE DO REFERENCING IN OSCOLA STYLE ( FULL BOTH FOOTNOTES AND BIBLIOGRAPHY) THIS IS VERY IMPORTANT!!! Proposed References: Barcelo III, JJ “Who Decides the Arbitrators’ Jurisdiction? Separability and Competence-Competence in Transnational Perspective” (2003) 36 Vand J Transnat’l L 1115 Cremades, BM and Plehn, SL “New Lex Mercatoria and the Harmonisation of the Law of Commercial Transactions” (1984) 2 BU Int’l L 317 Lillich, RB and Browser, CN International Arbitration In The 21st Century: Towards “Judicialization” And Uniformity – Twelfth Sokol Colloquium (Transnational Publishers, 1994) Marful-Sau S “Can International Commercial Arbitration be Effective without National Courts? A Perspective of Courts involvement in International Commercial Arbitration, (2008-9), CEPMLP Annual Review, Dundee University http://www.dundee.ac.uk/cepmlp/gateway/index.php?news=30818 accessed March 17, 2014 Ralf, M “The True Lex Mercatoria: Law Beyond the State” (2007) Indiana Journal of Global Legal Studies 14(2) Sweet, AS “The New Lex Mercatoria and Transnational Governance” (2006) Journal of European Public Policy 13(5). Thank you very much for your kind help and support. Best regards, Merlin
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