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Trade Usages and Implied Terms in the Age of Arbitration$
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Fabien Gélinas

Print publication date: 2016

Print ISBN-13: 9780199916016

Published to Oxford Scholarship Online: May 2016

DOI: 10.1093/acprof:oso/9780199916016.001.0001

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The Law Merchant and Choice of Law

The Law Merchant and Choice of Law

Chapter:
(p.235) Chapter 10 The Law Merchant and Choice of Law
Source:
Trade Usages and Implied Terms in the Age of Arbitration
Author(s):

H. Patrick Glenn

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199916016.003.0011

This chapter discusses the concept of usages as “law merchant,” in the traditional sense of informal or nonwritten commercial norms. It examines the role of the law merchant in transnational commercial relations as a common, transnational law—a law that is nonbinding but applied with increasing frequency. It considers the long-standing practice of incorporating the law merchant into domestic law, which, it argues, should be better understood as an incorporation of domestic law into the law merchant. It also considers the choice-of-law process entailed by the law merchant, which, it argues, is better understood as a conciliation of law by which local imperative rules prevail over the general common law, which is the law merchant.

Keywords:   usages, law merchant, transnational law, state law, incorporation, choice of law, common law

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