Public Policy’s Dual Function in Conflicts Law

Public policy displays in conflicts law in various forms. It plays both a preventive and an offensive role. In its defensive form it may be used to refuse recognition of a foreign judgement or an arbitral award which violate forum’s public policy. It may also block the law chosen by the parties or any law otherwise applicable to the transaction for public policy violations.

Simultaneously public policy provides for the direct application of its offensive function known as mandatory laws which will replace the law chosen by the parties or the law determined through any conflict analysis. This Article illustrates this dual function.