Limitări ale aplicării legii alese în soluţionarea litigiilor privind contractele de comerţ internaţional
Limitations on the application of the chosen law in international commercial contracts' dispute resolution

Summary/Abstract: The parties to an international commercial contract can choose the law applicable to their contract, as the party autonomy principle states. However, this freedom of choice is not unlimited. The chosen law could be repealed, in whole or in part, if it violates public policy or if certain overriding mandatory rules intervene. With the aim of determining the limits of the chosen law in international commercial contracts' dispute resolution, in the first part of the paper the terms used, those of public policy and overriding mandatory rule, will be clarified and their scope in European Union law (EU) and in Romanian law (1) will be examined. In the second part, the national courts and arbitral tribunals' approach on overriding mandatory rules and, only tangentially, on public policy in international commercial contracts' dispute resolution will be briefly addressed. (2).

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