Rome I—scope and exclusions
Produced in partnership with Angharad Parry of 20 Essex Street
Rome I—scope and exclusions

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—scope and exclusions
  • Universal application (Article 2)
  • Scope of the applicable law (Article 12)
  • General rules and choosing the applicable law
  • Rules for specific types of contracts
  • Exclusions under Rome I
  • Status or legal capacity of natural persons (Article 1(2)(a))
  • Family relationship obligations (Article 1(2)(b))
  • Matrimonial property regimes, wills and succession (Article 1(2)(c))
  • Obligations arising under bills of exchange, cheques and promissory notes and other negotiable instruments (Article 1(2)(d)
  • More...

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: Rome I—scope and exclusions.

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 explains how Regulation (EC) 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 (Article 2) and the scope of the applicable law (Article 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) 593/2008, Rome I are identified such as arbitration and the status and legal capacity of companies.

Regulation (EC) 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable

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