중재준거법으로서의 법의 일반원칙

The choice of applicable law in international contract gives a significant impact on the dispute resolution in international commercial arbitration. The following is the dominant view as recent trend. Even though the general principles of law can not be itself the proper law international commercial contracts because it is not of the judicial system, in the domestic and international arbitration practice, the view gains conviction that general principles of law including lex mercatoria may be applied as a applicable law in certain circumstances. There is still a debate on the origins, methodology and content of the general principles of law, some views that general principles are showing the best view of the secondary rules of conflict resolution. Forward internationally institutional controlling system should make international arbitration practice objectively standardized and evolve to develop the general principles of law in international arbitration. Most judicial systems give considerable freedom to the parties in determining the arbitration process, ensuring the independence of arbitration from national law and establishing standards that govern the fairness and integrity of the arbitration process, whether national or international standards become common interest. In 21st century, as international commercial communities increase, international commercial arbitration as institution is now on confronting with the challenge to develop consistent international norms of universal general principles of law that can be applied to resolve the dispute. Trying to find out and to make list the general principles of law by applying universally to the whole parties from diverse cultural legal systems and solving disputes fairly will contribute to develop economic agreements and international trade economic war era.