Rome Convention—application [Archived]
Rome Convention—application [Archived]

The following Dispute Resolution practice note provides comprehensive and up to date legal information covering:

  • Rome Convention—application [Archived]
  • When the Rome Convention applies
  • Contracting out of the Rome Convention
  • When the Rome Convention does not apply
  • Exclusion of renvoi
  • Public policy
  • States with more than one legal system

ARCHIVED: This Practice Note has been archived and is not maintained.

The UK is no longer bound by the Rome Convention, as a matter of international law, having left the EU. However, the substantive rules continue to apply in some cases, ie if the contract was entered into between 1 April 1991 and 16 December 2009 and meets the criteria required under the act. Consequently, the substantive rules have been retained in the C(AL)A 1990 but they are subject to amendments set out in The Law Applicable to Contractual Obligations and Non–Contractual Obligations (Amendment etc) (EU Exit) Regulations 2019, SI 2019/834. For guidance on the current position, see Practice Note: Contracts (Applicable Law) Act 1990—application and interpretation.

This Practice Note identifies when the Rome Convention applies and when it does not. The exclusion of renvoi is explained as is the impact of public policy consideration and what happened when a state has more than one legal system.

To determine whether the applicable law regime under the convention applies, or whether some other regime applies, see Practice Note: Understanding applicable law—a guide for dispute resolution practitioners.

When the Rome Convention applies

The Rome Convention is used to determine the law applicable to a contractual dispute. However, the Rome Convention will only apply if the contract was entered into between 1 April 1991 and 16 December 2009. For guidance on the relevant

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