Rome I—applicable law chosen by the parties
Produced in partnership with Angharad Parry of 20 Essex Street
Rome I—applicable law chosen by the parties

The following Dispute Resolution practice note produced in partnership with Angharad Parry of 20 Essex Street provides comprehensive and up to date legal information covering:

  • Rome I—applicable law chosen by the parties
  • Rome I—applicable law chosen by the parties
  • Must the applicable law be the law of a Member State? (Article 2)
  • Freedom of choice (Article 3(1))
  • Express choice
  • Implied choice
  • Implied choice in guarantees
  • Changing the chosen applicable law (Article 3(2))
  • Choice of law and non-derogation (Article 3(3)
  • Consent and validity (Articles 10 and 11
  • More...

This Practice Note is for use when determining applicable law where the contract was entered into on or before 31 December 2020.

For guidance on the position where the contract was entered into on or after 1 January 2021, see Practice Note: Rome I—applicable law chosen by the parties.

For guidance on understanding why different regimes are applicable depending on the date on which the contract was entered into, see Practice Note: Brexit post implementation period—considerations for dispute resolution practitioners including, in particular, main section: Applicable law.

For guidance on whether judgments of the Court of Justice are binding on UK courts, see Q&A: Are UK courts and tribunals bound by decisions of the Court of Justice of the European Union post-Brexit?.

This Practice Note considers Regulation (EC) 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I) and explains the ability of the parties to choose the applicable law under Rome I. It looks at whether the law must be that of a State, the freedom of the parties to chose the applicable law—such choice can be express or implied—and changing the chosen applicable law. It also considers choice of law and non-derogation as well as consent, validity and capacity.

Rome I—applicable law chosen by the parties

Rome I applies to contracts concluded on or after 17

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