- Agency contract pre-dating 17 December 2009—application of Rome Convention (GDE LLC v Anglia Autoflow Ltd)
- What are the practical implications of this case?
- What was the background?
- What did the court decide?
- Case details
Dispute Resolution analysis: The parties agreed that GDE would sell certain goods in North America, including Canada, on behalf of Anglia. GDE claimed for unpaid commission and damages. Anglia counterclaimed for breach of contract. The court ordered the trial of preliminary issues to determine the law applicable to the contract. If the law of Ontario applied then GDE’s claim was time barred. If the law of England applied then it was not. The question was to be determined by reference to Articles 3 and 4 of the Rome Convention (since superseded) because the agency contract was entered into before 17 December 2009. After exhaustive analysis of the relevant authorities the court found that the law of Ontario applied because there was no express or implied choice of the governing law in the contract, and the contract itself was most closely connected with Ontario. Written by Charles Joseph, barrister at Tanfield Chambers.
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