Abstract
The present study aims to analyze the reemergence of the lex mercatoria in the current scene, as an autonomous legal system applicable to international trade contracts. The problems to be solved involve the discussion about the conception of the current lex mercatoria and its legal character and application. Through the analysis performed, we shall show that economic globalization has imposed changes in the state and therefore in the law, requiring the internationalization of law. In the field of international business, such internationalization is vital and more easily operated, to the extent that state law fails to answer the needs of the market. From this perspective, the lex mercatoria emerges as private autonomous legal system, created for and by transnational operators of economic globalization, whose applicability is demonstrated by both doctrinal analysis and decision analysis by arbitral courts in particular.
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