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"Introduction" [2019] ELECD 2864; in Fazilatfar, Hossein (ed), "Overriding Mandatory Rules in International Commercial Arbitration" (Edward Elgar Publishing, 2019) 1

Book Title: Overriding Mandatory Rules in International Commercial Arbitration

Editor(s): Fazilatfar, Hossein

Publisher: Edward Elgar Publishing

Section Title: Introduction

Number of pages: 8

Abstract/Description:

As one scholar states: “Few legal issues ignite such major debates amongst lawyers as the issue of mandatory rules of law.” Mandatory rules are the imperative provisions of law, which must be applied to a transaction involving a foreign element, irrespective of the law that governs that transaction. In other words, mandatory rules are laws that may not be derogated from or excluded by contracting parties. Article 9 of the Rome I Regulation refers to mandatory rules as overriding mandatory provisions: “provisions the respect for which is regarded as crucial by a country for safeguarding its public interests, such as its political, social or economic organization, to such an extent that they are applicable to any situation falling within their scope, irrespective of the law otherwise applicable to the contract ….”