Overriding Mandatory Rules in International Commercial Disputes: Korean and Comparative Law

This book examines how to identify and treat overriding mandatory rules in international commercial litigation and arbitration from a Korean and comparative law perspective, providing a deeper understanding of the concept and setting out standards and factors to identify such rules. It also explores the arbitrability of disputes in relation to overriding mandatory rules, the validity of an arbitration agreement, the extent to which overriding mandatory rules should apply, and whether the national courts can refuse enforcement of or revoke arbitral awards which did not apply/consider overriding mandatory rules.

Format: Hardback
Length: 240 pages
Publication date: 06 February 2025
Publisher: Bloomsbury Publishing PLC

This open access book offers a comprehensive analysis of overriding mandatory rules in international commercial litigation and arbitration from a Korean and comparative law perspective. It delves into the concept of overriding mandatory rules, establishes standards and factors for their identification, and provides solutions to the challenges posed by third-country mandatory provisions in international commercial disputes. The book examines the jurisprudence of various courts and legal systems, including the European Court of Justice under the Rome Convention and the Rome I Regulation, the Swiss IPRG, and German and English law, to aid in interpreting and proposing amendments to the Korean Act on Private International Law. It also establishes tests to identify the overriding mandatory character of provisions and applies them to assess various provisions in 10 different Acts in Korea. Additionally, the book introduces a 'balancing interest test for third-country mandatory rules' and suggests a new provision that harmonizes the conflicting interests of the parties, the forum country, the third country, and the interests of international harmony of decisions. It explores the arbitrability of disputes in relation to overriding mandatory rules, the validity of arbitration agreements, the extent to which overriding mandatory rules should apply, and whether national courts can refuse enforcement of or revoke arbitral awards that did not apply/consider overriding mandatory rules. This book is an invaluable resource for legal practitioners, judges, arbitrators, researchers, and parties to international commercial contracts. Judge Dr. Min Kyung Kim, the second-youngest recipient of the 16th Simdang Academic Prize 2023, has made significant contributions to the field of international commercial law.

Weight: 580g
Dimension: 246 x 176 x 20 (mm)
ISBN-13: 9781509969777