Protection of the Weaker Parties Sample Clauses

Protection of the Weaker Parties. It is still doubtful in the context of Xxxxxx case whether the overriding mandatory rules, defined as crucial provisions for safeguarding public interest, may preserve “individual interest” and protect weaker parties.259 In some States, the overriding mandatory rules are considered as vehicles for the protection of weaker parties.260 However, it was necessary to introduce the explicit rules on the protection of weaker parties and define groups of individuals which require special treatment. The rules on protection of weaker parties were entered into national, international, and EU instruments. Such rules are related to conflict-of- laws as well as to the international procedural rules. As already stated hereof, the choice-of- court agreement enables the parties to choose a neutral forum or that one they consider the most appropriate. The ideal situation is the case of perfect distribution of the powers, but in many cases, only one of the parties has more bargaining power. Because of non-balanced powers, the autonomy of the weaker party is limited during negotiation with the stronger party and during the process. Thus, the stronger party has more possibilities to reach a successful outcome. States should balance the power of stronger parties, and State’s civil 257 Akai Pty Ltd v People’s Insurance Co Ltd [1996] 188 CLR 418; see also Commonwealth Bank of Australia x. Xxxxx [1999] 2 VR 681. 258 X. XXXXXX, Choice of Forum Agreements Under the Brussels I Recast and Under the Hague Convention: Coherences and Clashes, op. cit., p.15. 259 See X. X. XXX XXXXXXX, Overriding mandatory rules as a vehicle for weaker party protection in European private international law, op. cit., p. 149; X. XXXXXXX, EU Law and Private International Law: The Interrelationship in Contractual Obligations, Xxxxxxxx Xxxxxxx Publishers, 2011, p. 145. 260 For example, in the Netherlands, see X. XXXXXXX, EU Law and Private International Law: The Interrelationship in Contractual Obligations, op. cit., p. 154. procedure should take in consideration position of the weaker parties and evaluate the consequences of court’s decisions.261 The problem may arise mainly with determination and categorisation of a weaker party. It is undisputed that the consumers, employees, and insurance policy-holders require special protection.262 The national law might protect other groups of individuals to guarantee them a better position. Therefore, the category of the person identified by the national law as weaker...
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