Overriding Mandatory Rules in International Insurance

This chapter deals with overriding mandatory rules (OMRs) and their role in international insurance. After a brief introduction to the notion of OMR, as received in EU law and many national legal systems, it addresses the relevance of OMRs when determining the law applicable to the insurance contract. Even though Article 7 of the Rome I Regulation provides a special choice-of-law rule for insurance contracts, mandatory rules of both forum law and other laws, namely the law of the place of performance of the insurance contract, may override, whenever the conditions of Article 9 of the Rome I Regulation are met. Those rules must meet certain substantive conditions to be overridingly applicable.