Originally from World Arbitration And Mediation Review (WAMR)

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THE IMPACT OF INTERNATIONALLY MANDATORY LAWS ON THE ENFORCEABILITY OF ARBITRATION AGREEMENTS

Jan Kleinheisterkamp*

I. INTRDUCTION Internationally mandatory rules of law are by definition problematic: they are statutory provisions enacted by national parliaments in order to protect (or applied by courts to implement) specific public policies. These are not just any public policies, however; internationally mandatory laws enforce only those policies that are deemed to be so strong that – even in the situation of an international contract – the national statutory provisions must take precedence over any foreign law that would normally govern the contract.1 These provisions are mandatory