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

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—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 and material validity (Article 10)
  • Formal Validity (Article 11)
  • Scope of the law applicable (Article 12)
  • Incapacity (Article 13)
  • Voluntary Assignment/ Contractual Subrogations (Article 14)
  • more

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 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: Rome I—overview

Introduction

Regulation (EC) 593/2008, Rome I applies to contracts concluded on or after 17 December 2009, relating to civil or commercial matters. This is subject to a number of exceptions: contractual obligations ‘arising under bills of exchange, cheques and promissory notes and other negotiable instruments to the extent that the obligations under such other negotiable instruments arise out of their negotiable character’, arbitration agreements, agreements on choices of court and certain company matters.

Disputes can arise as to whether an obligation is a contractual obligation at all for the purposes of application of Rome I. For instance, in