Paula Harris charts the top EU legal developments for litigators in 2010
Rome 1, formally known as Regulation (EC) No 593/2008, on the choice of governing law in contracts came into effect in the UK on 17 December 2009.
It seeks to harmonise conflict of law rules in respect of contractual agreements throughout the EU and will apply to contracts entered into after that date. It broadly maintains the principle enshrined in the earlier Rome Convention that contractual parties should be free to choose the law which will govern their contract. It also seeks to clarify the position when the parties have not made any choice regarding which country’s laws should apply.
While the Rome Convention will continue to apply to contracts entered into before 17 December 2009, key changes brought in by Rome I applying to contracts concluded after that date include the following.
The parties’ right to choose the law governing their contract remains the overriding principle of Rome I. However, Art 1 goes further than the Rome Convention in stating that, “the choice shall be made expressly or clearly demonstrated
