Q&As

Article 21 of Regulation EC 593/2008, Rome I considers the public policy of the forum. To apply, does the governing law need to be a foreign law in the forum with jurisdiction or can Article 21 of Regulation EC 593/2008, Rome I apply when the governing law is the law of the forum?

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Produced in partnership with Chris Bryden of 4 King’s Bench Walk
Published on LexisPSL on 12/02/2019

The following Dispute Resolution Q&A Produced in partnership with Chris Bryden of 4 King’s Bench Walk provides comprehensive and up to date legal information covering:

  • Article 21 of Regulation EC 593/2008, Rome I considers the public policy of the forum. To apply, does the governing law need to be a foreign law in the forum with jurisdiction or can Article 21 of Regulation EC 593/2008, Rome I apply when the governing law is the law of the forum?

Regulation EC 593/2008, Rome I applies in respect of choice of law provisions in civil and commercial contracts. The root principle is that courts in EU countries will apply the law of choice to the contract as standard save where an exception to this principle exists, even if this means that the courts of the relevant country will be applying the law of a foreign jurisdiction. It applies to contracts entered into after 16 December 2009 (earlier contracts remain governed by the Rome Convention in this regard). A choice of law must have expressly been made within the contractual provisions or be clearly demonstrated by the circumstances of the case.

Where a contract does not evince a choice of law, Article 4 of Regulation EC 593/2008, Rome I determines the app

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