Rome I—contracts of carriage (art 5)
Produced in partnership with Angharad Parry of 20 Essex Street Chambers
Rome I—contracts of carriage (art 5)

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

  • Rome I—contracts of carriage (art 5)
  • Chosen Law (Article 3)
  • What is a contract of carriage of goods? (Article 5)
  • Habitual residence (Article 5(1))
  • Close connection elsewhere—escape clause (Article 5 (3))
  • Mandatory rules (article 9)
  • Contract and extra-contractual divide
  • Position after Brexit

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.

This Practice Note considers the provisions in Article 5 of Regulation (EC) 593/2008, Rome I which provides for the determination of choice of law in relation to contracts of carriage. The article addresses both the carriage of goods and carriage of passengers, but this Practice Note considers only the carriage of goods.

The provisions of Article 5 of Regulation (EC) 593/2008, Rome I apply only to the extent that there is no choice of law pursuant to Article 3 of Regulation (EC) 593/2008, Rome I.

In practice, the majority of large scale carriage of goods cases will take place on contractual terms containing a choice of law clause—and indeed will often take place on standard form contracts incorporating said choice of law. Thus, many carriage of goods contracts (indeed, quite possibly, the majority) can be dealt with pursuant to Article 3(1) of Regulation (EC) 593/2008, Rome I which recognises the parties’ freedom of choice to choose the governing law of their contract. For guidance, see Practice Note: Rome I—applicable law chosen by the parties.

For other provisions within Regulation (EC) 593/2008, Rome I, see: Rome I—overview.

Chosen Law (Article 3)

The position as