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Book

English

ID: <

20.500.12854/54794

>

Where these data come from
Norwegian order public as counter for part autonomy in international contracts

Abstract

Two commercial parties enter into an international contract. The contract is very detailed. It elects a right that allows the parties to regulate the interests involved freely. Furthermore, it undertakes the parties to bring any legal action at a foreign jurisdiction, or it elects arbitration. All this can give the parties illusions that the only sources that are relevant are the contract itself and the chosen court. This is far on the way, because the will of the parties is central — especially in international arbitration. But there are limitations. One of these limitations is the so-called order public objection. The objection limits the right and obligation of Norwegian courts to apply foreign law as well as to recognise and enforce foreign judgments and arbitration decisions. The purpose of this book is to concretise the content of orders public in the business law area under Norwegian law. The book outlines the international and internal frameworks and conditions for claiming orders public. The book then discusses the objection based on various areas of law relevant to commercial contracts: competition law, corporate law, creditor protection, contractual conditions for disclaimer, employment law and arbitration agreements in the event of direct claims.

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