Rome I—scope and exclusions
Rome I—scope and exclusions

The following Dispute Resolution guidance note provides comprehensive and up to date legal information covering:

  • Rome I—scope and exclusions
  • Universal application (art 2)
  • Scope of the applicable law (art 12)
  • General rules and choosing the applicable law
  • Rules for specific types of contracts
  • Exclusions under Rome I

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 explains how Regulation (EC) No 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I) applies in practice. It considers the universal application provision (art 2) and the scope of the applicable law (art 12). The general rules which apply as well as rules applicable to specific types of contracts are set out. The types of disputes excluded from Regulation (EC) No 593/2008, Rome I are identified such as arbitration and the status and legal capacity of companies.

Regulation (EC) No 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations, Rome I is referenced in this Practice Note as Regulation (EC) 593/2008, Rome I.

Universal application (art 2)

Article 2 of Regulation (EC) 593/2008, Rome I provides that the regulation is to have universal application. A court can therefore apply a law whether or not it is the law of an EU Member State; this means that the laws of a non Member State may be applied.

Scope of the applicable law (art