Conflicts of Economic Regulation

EU Law and Private International Law

“…In considering whether to give eff ect to these mandatory rules, regard shall be had to their nature and purpose and to the consequences of their application or non-application. 176 Lando, O., "Th e EEC Convention on the Law Applicable to Contractual Obligations", Common Market Law Review, Vol. 24, 1987, pp.…”

“…It constituted for many states a radical break with the past. 176 Th e development did not please all Contracting Parties equally. Th e arguments raised against the provision were manifold.…”

“…175 Briggs, supra note 152, pp. 167 176 Th e reason for the insertion of this clause was exactly that it was thought not be desirable to impose the Unfair Contract Terms Act (1977) on purely international contracts with no links to the United Kingdom because it might discourage foreign businessmen from agreeing to arbitrate in England. 172 Th e fact that the proper law is English is in itself not suffi cient to trigger the application of English public order law.…”

“…175 Th e United Kingdom, in the process of drawing up the Rome Convention, adopted a very sceptical view towards foreign overriding mandatory provisions. 176 Th e refusal to apply foreign overriding mandatory provisions is however not absolute. Th e old common law with regard to foreign overriding mandatory provisions still stands.…”

“…Many overriding mandatory provisions originated as economic corrections to market liberalism and the confl ict of laws based thereupon. 176 Th e ECJ has consistently held, however, that mere economic considerations cannot justify a barrier to the free movement provisions. 177 Does the Rome I alter that case-law if the provision concerned can be qualifi ed as an overriding mandatory provision?…”