Cross-border litigation in the EU examined by Philippa Charles & Daniel Hart
The law which governs such contracts is a crucial issue. It can affect what the obligations of the parties are and the circumstances in which the contract may be terminated. It can even determine whether a claim can be made for breach, since limitation periods differ under the laws of different countries.
Governing law in contract claims—Rome I
For contracts concluded after 17 December 2009, the rules for determining the law applicable to contractual obligations will be found in a new Regulation No 593/2008 (known as Rome I). It replaces the Rome Convention of 1980.
Rome I generally mirrors the main principles of the Rome Convention. However, it does make some additions and alterations. The key changes are noted below.
Choice of law made by the parties
The key tenet of Rome I remains that a choice of law made by the parties will generally be upheld (A3(1)). However, other laws may nevertheless be applied in some circumstances. While this was also the case under the Rome Convention, Rome
