Rome Convention—when parties choose an applicable law [Archived]
Rome Convention—when parties choose an applicable law [Archived]

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

  • Rome Convention—when parties choose an applicable law [Archived]
  • Scope of the applicable law
  • Freedom of parties to choose the applicable law
  • Freedom of parties to choose the applicable law—dépeçage
  • Limits on freedom to choose—domestic mandatory rules
  • Limits on freedom to choose—foreign mandatory rules
  • Limits on freedom to choose—international mandatory rules

ARCHIVED: This Practice Note has been archived and is not maintained.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—applicable law chosen by the parties.

This Practice Note explains the scope of the applicable/governing law under the Rome Convention. How parties can chose the applicable law is discussed including explanations as to whether it needs to be in writing, be the law of a country/convention state and splitting of the applicable law. The mandatory rules (domestic/foreign/international) which limit the applicable law are also set out.

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.

This Practice Note addresses the issues to consider if the Rome Convention applies when dealing with a situation in which the

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