Organisers:

Asian Academy of International Law
Des Voeux Chambers

A Book Talk with Dr Min Kyung Kim: Overriding Mandatory Rules in International Commercial Disputes

3 October 2025

The event commenced with welcome remarks delivered by Dr Anthony Neoh SC JP, Co-Chairman of AAIL. Dr Min Kyung Kim, Arbitrator at Des Voeux Chambers and author of the newly published book Overriding Mandatory Rules in International Commercial Disputes (Hart Publishing, 2025), presented her book, with Justice Anselmo Reyes, International Judge of the Singapore International Commercial Court, serving as the moderator.

During the book talk, Dr Kim addressed one of the most complex issues in private international law – the limits of party autonomy imposed by overriding mandatory rules (OMR). She examined how OMR differ from ordinary mandatory rules, their impact on contractual freedom, and their application in international commercial litigation and arbitration. Drawing on comparative analysis across Korea, the European Union, England, Germany, and Switzerland, Dr Kim proposed a structured framework for identifying and applying OMR based on legislative purpose, public policy considerations, and territorial scope.

The engaging Q&A session that followed prompted lively exchanges among participants, who discussed the interaction between OMR, common law, and international law, as well as the challenges of balancing legal certainty with the protection of public interests.

The event offered valuable insights into the evolving boundaries of party autonomy and contributed to a deeper understanding of international commercial dispute resolution.

Overriding Mandatory Rules in International Commercial Disputes

Dr Min Kyung Kim