Comment: Mandatory Law and the Enforceability of Arbitration Agreements
Date
2009-01-01
Authors
Rau, Alan S.
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Abstract
Description
This article is Rau’s commentary on Professor Kleinheisterkamp’s paper, “Mandatory Law and the Enforceability of Arbitration Agreements,” which focuses on the effect of “internationally mandatory rules.” Rau sets up a critique, analyzing the meaning of “mandatory rules” in this context, what is considered to be sufficiently central to the fundamental concepts of the local legal system, and general application of local versus international rules in arbitration in specific cases.