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

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
  • The impact of the UK’s departure from the EU
  • Remaining EU Member State courts
  • UK courts
  • 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)
  • More...

Rome I—general provisions

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.

The impact of the UK’s departure from the EU

The impact of the UK’s departure from the EU varies depending on whether considering the application of the regulation in either the courts of the remaining EU Member States or the courts of the UK.

Remaining EU Member State courts

There is no impact and the courts will continue to apply the provisions in Rome I.

UK courts

For practitioners considering the use of Rome I in the UK, it is important to be aware of the impact of Brexit. For the regulation to be applied by the courts of England and Wales, the contract must have been entered into on or prior to IP completion day (31 December 2020 at 11 pm).

For guidance on the position where the contract was entered into on

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