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

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—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

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: Retained Rome I—contracts of carriage (art 5).

Brexit: The UK's departure from the EU has implications for practitioners considering which country’s laws will be applied when determining a dispute. For guidance, 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 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

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