| Edition |
1st ed. |
| Description |
1 online resource (240 pages). |
|
text file HTML rdaft |
| Series |
Studies in Private International Law - Asia |
|
Studies in Private International Law - Asia.
|
| Note |
Foreword, Richard Fentiman (University of Cambridge, UK) Foreword, Kwang Hyun SUK (Korea Private International Law Association) 1. Introduction 2. Foundational Theory of Overriding Mandatory Rules 3. Identifying Overriding Mandatory Rules 4. Overriding Mandatory Rules in Korean Law 5. Comparative Research on the Treatment of Overriding Mandatory Rules of a Third Country 6. The Korean Act on Private International Law and Overriding Mandatory Rules of Third Countries 7. International Commercial Arbitration and Overriding Mandatory Rules 8. Conclusion |
| Summary |
This open access book analyses how to identify and treat overriding mandatory rules in international commercial litigation and arbitration from a Korean and comparative law perspective. In addition to providing a deeper understanding of the concept of overriding mandatory rules and setting out standards and factors to identify such rules, the book provides a solution to the problems that third-country mandatory provisions pose in international commercial disputes. The book examines the jurisprudence of the European Court of Justice under the Rome Convention and the Rome I Regulation, Swiss IPRG, and German and English law to help interpret and propose an amendment to the Korean Act on Private International Law. The book also establishes tests to identify the overriding mandatory character and then empirically applies them to assess various provisions in 10 different Acts in Korea. Furthermore, the book provides a balancing interest test for third-country mandatory rules and suggests a new provision that harmonises the conflicting interests of the parties, the forum country, the third country and interests of international harmony of decisions. 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. This book is an invaluable resource to legal practitioners, judges, arbitrators in international commercial dispute resolution, researchers in private international law and international commercial law, and parties to international commercial contracts. Winner of the 16th Simdang Academic Prize 2023. Judge Dr Min Kyung Kim is the second-youngest recipient of this prestigious award and it is the first time that the prize has been awarded for a PhD thesis. The ebook editions of this book are available open access under a CC BY-NC-ND 4.0 licence on bloomsburycollections.com. |
| Note |
Compliant with Level AA of the Web Content Accessibility Guidelines. Content is displayed as HTML full text which can easily be resized or read with assistive technology, with mark-up that allows screen readers and keyboard-only users to navigate easily |
| Local Note |
Bloomsbury Publishing Bloomsbury Open Access |
| Subject |
Arbitration (International law)
|
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International commercial arbitration.
|
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Arbitration:mediation & alternative dispute resolution.
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Commercial law.
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Private international law & conflict of laws.
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| Other Form: |
Online version: KIM, Min Kyung Overriding Mandatory Rules in International Commercial Disputes 9781509969784 9781509969791 |
|
Print version: KIM, Min Kyung Overriding Mandatory Rules in International Commercial Disputes 9781509969777 9781509969814 |
| ISBN |
9781509969807 (online) |
|
1509969802 (online) |
|
9781509969777 (hardback) |
|
9781509969784 (epub) |
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9781509969791 (pdf) |
|
9781509969814 (paperback) |
| Standard No. |
10.5040/9781509969807 doi |
|
