Party autonomy is not absolute. The freedom to choose the applicable law for a contract is limited by overriding mandatory rules, which apply regardless of the parties’ choice. These rules pose significant risks to contractual rights and obligations, especially when identifying them proves difficult. Overriding Mandatory Rules in International Commercial Disputes (Hart, 2025) by Dr Min Kyung Kim examines some of most challenging questions in private international law: What are overriding mandatory rules, and how do they differ from other mandatory rules? How do courts apply overriding mandatory rules of lex fori, lex causae, and from third countries? How does their application differ in international arbitration?

Drawing on legal history, case law, scholarly debate, and comparative analysis from Korea, the European Union (Rome I Regulation, Rome Convention), England, Germany, Switzerland, and international instruments such as the Hague Principles on Choice of Law in International Commercial Contracts and the UNIDROIT Principles, Dr Kim critically examines existing approaches and offers clear and well reasoned answers. She proposes a balancing test to reconcile stability, predictability, forum state interests, and consistency across jurisdictions.

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