The following Dispute Resolution guidance note provides comprehensive and up to date legal information covering:
Brexit: The UK's departure from the EU on exit day, ie Friday 31 January 2020, has implications for practitioners considering applicable law. For guidance, see: Cross border considerations—checklist—Applicable law—Brexit specific.
The convention does not apply to:
contractual disputes, where the contract was entered into after 17 December 2009. In such cases, Rome I applies, see: Rome I—overview
non-contractual disputes where the dispute arose after 11 January 2009. In such cases, Rome II applies, see: Rome II—overview
This Practice Note addresses the issues to consider if the Rome Convention applies when dealing with a situation in which the parties have chosen the applicable law to apply to the contract between them. If dealing with a situation in which the parties have not chosen the applicable law, see Practice Note: Rome Convention—when parties fail to choose an applicable law.
Note that the Rome Convention is Schedule 1 in the Contracts (Applicable Law) Act 1990 (C(AL)A 1990)
The applicable law may vary depending on the different nature of disputes that can arise under a contract. For example:
interpretation of the contract (Article 10(1)(a) of the Rome Convention)
performance of the contract (Article 10(1)(b) of the Rome Convention)
consequences of breach of the contract, including the assessment of damages in so far as this is governed by rules of law: this
**excludes LexisPSL Practice Compliance, Practice Management and Risk and Compliance. To discuss trialling these LexisPSL services please email customer service via our online form. Free trials are only available to individuals based in the UK. We may terminate this trial at any time or decide not to give a trial, for any reason. Trial includes one question to LexisAsk during the length of the trial.
To view the latest version of this document and thousands of others like it, sign-in to LexisPSL or register for a free trial.
Existing user? Sign-in
Take a free trial
Take a free trial
0330 161 1234