Applicable law in contract disputes

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This Overview considers the applicable law regimes when determining the applicable law in a contractual dispute.

For guidance on other aspects of determining the applicable law, see:

  1. •

    Applicable law principles—overview

  2. •

    Determining applicable law in non-contractual disputes—overview

The applicable law applied by the courts when determining a dispute is one of a number of different considerations which need to be taken into account when dealing with a cross border dispute. For insight into the different considerations, see: Cross border considerations—checklist.

For guidance on whether judgments of the Court of Justice are binding on UK courts, see Q&A: Are UK courts and tribunals bound by decisions of the Court of Justice of the European Union post-Brexit?

How applicable law is determined

The applicable law regime applied by the courts of England and Wales (English courts) to determine the applicable law in contractual disputes will depend on the date that the contract was entered into and whether the proceedings then fall within a relevant applicable law regime:

  1. •

    1 January 2020 onwards—UK Rome I, Regulation (EC) 593/2008 on the Law Applicable to Contractual

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