Commentary

4.4 International conflicts of laws: Rome I and Brussels Regulations

BOILERPLATE AND COMMERCIAL CLAUSES vol 4(3)
| Commentary

4.4 International conflicts of laws: Rome I and Brussels Regulations

| Commentary

4.4 International conflicts of laws: Rome I and Brussels Regulations

For most types of contract made after 17 December 2009, the question of which law is to govern the obligations of the parties (in the absence of express provision in the contract) is determined by the rules of the Rome I Regulation, which, is directly applicable in the UK1.

The Brussels Regulation (recast) sets out rules for determining which country’s courts will hear a dispute between parties to an agreement (where a party is domiciled in a country that is a party to the Regulation)2. The Regulation normally respects the choice

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