The Application Basis of International Trade Law Rules Before National Judiciary: A Jordanian Legal Perspective

Abstract

Purpose: This study aims to show the basis of the judge's application of the rules of international trade law in disputes submitted before it related to an international contract.   Methods: The research used general and special methods: dialectical method, methods of analysis and synthesis, and comparative-legal method.   Results and discussion: The results showed that national judges you must apply the rules of international trade law directly, even if they do not constitute part of their legal system. This is to promote international trade, and we based this on the principle of the superiority of international rules; It was noted that that approach was in keeping with the modern trend in commercial law conventions, which promoted their application as early as possible to those States which sought to apply such rules to their Disputes.   Implications of the research: That the predominant legal view is the direct application of the rules of international trade law, However, we cannot neglect the conflict of laws approach; so that considered a supplementary approach; on the other hand that choosing international trade law as the law to be applied to the contract by the parties’ autonomy is a material choice and not a conflict-of-laws choice. Therefore, it is treated as a matter of fact.   Originality/value: The value of this paper is shown in the statement of the extent to which the national judge application of international trade law rules automatically to a dispute before him relating to international trade, that mean without reliance on conflict-of-laws rules.