Rome Convention—introduction and interpretation
Rome Convention—introduction and interpretation

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

  • Rome Convention—introduction and interpretation
  • When does the Rome Convention apply?
  • Purpose of the Rome Convention
  • Signatories to the Rome Convention
  • Implementation of Rome Convention in the UK
  • Reservations by the UK
  • Rome Convention to regulation: Rome I
  • Interpreting the Rome Convention
  • Requirement for the law of a country
  • Consumer contracts and employment contracts

When does the Rome Convention apply?

The UK has voted to leave the EU and this will take place on exit day as defined in section 20 of the European Union (Withdrawal) Act 2018. This has implications for the practitioners considering which applicable law applies when determining a dispute. For guidance, see Practice Note: Brexit—applicable law.

The UK has voted to leave the EU and this has implications for the practitioners considering which applicable law applies when determining a dispute. For guidance, see Practice Note: Brexit—applicable law The Rome (EC) Convention on the Law Applicable to Contractual Obligations 1980 (the Rome Convention) came into force on 1 April 1991. Article 17 provides that all contracts entered into after the operative date, ie 1 April 1991, shall be governed by the Rome Convention. The convention is therefore not retrospective and the traditional common law rules apply to any contract made before 1 April 1991, although the application of such rule is likely to be rare given the length of time that has elapsed since the Rome Convention came into force.

Article 23 provides Contracting States with the ability to adopt a new choice of law rule for any category of contract covered by the Rome Convention. A process of consulting and informing the other Contracting States must be complied with.