The Public Policy-Implementing Role of Nordic Courts in Civil Dispute Resolution
Publikation: Bidrag til bog/antologi/rapport › Bidrag til bog/antologi › Forskning › fagfællebedømt
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The Public Policy-Implementing Role of Nordic Courts in Civil Dispute Resolution. / Petersen, Clement Salung.
Rethinking Nordic Courts. red. / Laura Ervo; Pia Letto-Vanamo; Anna Nylund. Springer, 2021. s. 213-233.Publikation: Bidrag til bog/antologi/rapport › Bidrag til bog/antologi › Forskning › fagfællebedømt
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TY - CHAP
T1 - The Public Policy-Implementing Role of Nordic Courts in Civil Dispute Resolution
AU - Petersen, Clement Salung
PY - 2021
Y1 - 2021
N2 - This chapter explores the role of Nordic courts in safeguarding certain public values and interests, whether substantial or procedural, in the three types of civil dispute resolution that can potentially lead to state enforcement, namely civil litigation, arbitration and mediation. First, it shows how Nordic courts in civil litigation may take on an’active role’ vis-à-vis the parties but that the legal contours of this role remain unclear and controversial. Secondly, it shows how current and proposed statutory frameworks governing arbitration and mediation give national courts an important role in safeguarding public values and interests which raises important questions in law concerning the role of courts as gatekeepers of access to court and state enforcement for private actors. The chapter concludes with a discussion of the need for developing a clearer and more coherent approach to defining this public policy-implementing role of courts across all three types of civil dispute resolution. It is argued that such a coherent approach is needed and that it will be valuable to analyse the public policy-implementing role of courts in a Nordic context, since the Nordic countries generally share many of these relevant public values and interests.
AB - This chapter explores the role of Nordic courts in safeguarding certain public values and interests, whether substantial or procedural, in the three types of civil dispute resolution that can potentially lead to state enforcement, namely civil litigation, arbitration and mediation. First, it shows how Nordic courts in civil litigation may take on an’active role’ vis-à-vis the parties but that the legal contours of this role remain unclear and controversial. Secondly, it shows how current and proposed statutory frameworks governing arbitration and mediation give national courts an important role in safeguarding public values and interests which raises important questions in law concerning the role of courts as gatekeepers of access to court and state enforcement for private actors. The chapter concludes with a discussion of the need for developing a clearer and more coherent approach to defining this public policy-implementing role of courts across all three types of civil dispute resolution. It is argued that such a coherent approach is needed and that it will be valuable to analyse the public policy-implementing role of courts in a Nordic context, since the Nordic countries generally share many of these relevant public values and interests.
U2 - /10.1007/978-3-030-74851-7_12
DO - /10.1007/978-3-030-74851-7_12
M3 - Bidrag til bog/antologi
SN - 9783030748500
SP - 213
EP - 233
BT - Rethinking Nordic Courts
A2 - Ervo, Laura
A2 - Letto-Vanamo, Pia
A2 - Nylund, Anna
PB - Springer
ER -
ID: 232148675