Rome I—general provisions
Produced in partnership with Angharad Parry of 20 Essex Street
Rome I—general provisions

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—general provisions
  • Introduction
  • Overriding mandatory provisions (Article 9)
  • Mandatory rules of the forum (Article 9(2))
  • Mandatory rules of other countries (Article 9(3))
  • Consent validity (Articles 10 and 11)
  • Scope of the law applicable (Article 12)
  • Incapacity (Article 13)
  • Voluntary Assignment/ Contractual Subrogations (Article 14)
  • Multiple assignments
  • More...

Rome I—general provisions

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—general provisions.

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 the general provisions in Regulation (EC) 593/2008 on the law applicable to contractual obligations (Rome I). It covers the following: Overriding mandatory provisions (Article 9), Consent and material validity (Article 10), Formal Validity (Article 11), Scope of Law Applicable (Article 12), Incapacity (Article 13), Voluntary Assignment/ Contractual Subrogations (Article 14), Legal Subrogation (Article 15), Multiple Liabilities (Article 16), Set-off (Article 17), Burden of proof (Article 18), Habitual Residence (Article 19), Exclusion of Renvoi (Article 20) and Public Policy (Article 21). For other aspects of the regulation, see: Applicable law (EU regime)—overview.

Introduction

Regulation (EC) 593/2008, Rome I applies to contracts concluded on or after 17

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