Public Policy and Overriding Mandatory Rules Sample Clauses

Public Policy and Overriding Mandatory Rules. Major part of civil law countries does not usually apply the doctrine of forum non conveniens.168 In order to counterbalance unlimited party autonomy, specific “emergency breaks” has been introduced. Although certainty and predictability represent important values, the substantive law which protects the strong State policies and precludes abuse of unlimited party autonomy is primary. Party autonomy is not usually respected when it contravenes the overriding mandatory rules of the forum (positive effect) or when the restrictions are necessary for securing the public interest and the fundamental principles of the State (negative effect).169 The international, overriding mandatory rules and the substantive public-policy exception have a common scope: they safeguard the public interests of the forum. However, each of these requires separate attention.170 The overriding mandatory rules and rules on public policy are applied irrespectively of the law otherwise applicable to the dispute.171 Such rules are usually regulated in the national, EU and international law.172 A definition of the 168 However, for example in Sweden, the courts have a certain margin of appreciation which may be perceived as forum non conveniens, see X. XXXXXX, Sweden, in X. X. XXXXXXX (ed), Declining Jurisdiction in Private International Law: Reports to the XIVth Congress of the International Academy of Comparative Law, Oxford University Press, 1995, p. 373-374. 169 X. XXXXXXXXXX, Public Policy and Public Interest in International Law and EU Law, in X. XXXXXXXXXX, X. XXXXXXXXXXX, Czech Yearbook of International Law: Public Policy and Ordre Public, p. 139.
Sample 1
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