Cookies?
Library Header Image
LSE Research Online LSE Library Services

Internationally mandatory rules and arbitration: a practical attempt

Kleinheisterkamp, Jan (2009) Internationally mandatory rules and arbitration: a practical attempt. Rabels Zeitschrift Für Ausländisches und Internationales Privatrecht, 73 (4). pp. 818-841. ISSN 0033-7250

Full text not available from this repository.

Abstract

This article treats the impact that internationally mandatory rules of the forum state may have on the effectiveness of arbitration agreements if the claims are based on such internationally mandatory rules but the parties had submitted their contract to a foreign law. The specific problems of conflicts of economic regulation are illustrated and discussed on the basis of Belgian and German court decisions on disputes relating to commercial distribution and agency agreements. European courts have adopted a restrictive practice of denying the efficacy of such tandems of choice-of-law and arbitration clauses if there is a strong probability that their internationally mandatory rules will not be applied in foreign procedures. This article shows that neither this approach nor the much more pro-arbitration biased solutions proposed by critics are convincing. It elaborates a third solution which allows national courts both to reconcile their legislator's intention to enforce a given public policy with the parties' original intention to arbitrate and to optimize the effectiveness of public interests as well as that of arbitration.

Item Type: Article
Official URL: http://www.mohr.de/jrnl/rabels/index_e.html
Additional Information: © 2009 Max Planck Institute
Library of Congress subject classification: J Political Science > JX International law
Sets: Departments > Law
Rights: http://www.lse.ac.uk/library/usingTheLibrary/academicSupport/OA/depositYourResearch.aspx
Date Deposited: 22 Oct 2009 15:29
URL: http://eprints.lse.ac.uk/25542/

Actions (login required)

Record administration - authorised staff only Record administration - authorised staff only