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A Policy Of Disregarding Public Policy: Pursuing The Comity Of Nations In Private International Law, Anthony Bessette

Anthony Bessette

Private agreements stipulating the forum, procedure, and substantive law to govern commercial relationships have become a common feature of international business. Companies that enter international contracts, and thus the economies of their countries to an extent, rely on them for certainty and stability. Almost all countries that honor foreign jurisdiction clauses reserve an exception for public policy. U.S. law has drifted from international standards and its modern roots in Bremen by narrowing its public policy exception to the vanishing point. This article examine the history of foreign jurisdiction clauses, the way other countries approach them, and recent developments which may …