Public policy and mandatory rules: Limitations on party autonomy

Chapter 6 considers when the validity of a jurisdiction or arbitration agreement is restricted by the substantive applicable law of the forum, including overriding mandatory rules. The chapter focuses on the limitations to the chosen jurisdiction or arbitration clauses by PIL national rules applied to a cargo dispute. These rules are part of the positive national law that a judge analyses in a case with foreign connections to determine the specific national law that applies to that case.