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Conflict Of Laws – Contract Notes

BPTC Law Notes > Commercial Dispute Resolution Notes

This is an extract of our Conflict Of Laws – Contract document, which we sell as part of our Commercial Dispute Resolution Notes collection written by the top tier of City Law School students.

The following is a more accessble plain text extract of the PDF sample above, taken from our Commercial Dispute Resolution Notes. Due to the challenges of extracting text from PDFs, it will have odd formatting:

Conflict of Laws - Contract Introduction?Conflict between two different law systems which could apply to a dispute Courts will decide as a preliminary issue either by request or of own motion Rules governing how to decide: o Common law rules
? Previous system - case law
? Now, only regulates CoL where Convention or Rome I does not apply
? Parties can expressly/impliedly choose provided that :??

Made in good faith Legal

Not against public policy When implying

? Look at all circs to find true intention o Rome Convention
? Superseded by Rome I o Regulation No 593/2008 (Rome I)
? December 2009 Rome IMaterial Scope o Article 1:
? Applies where:Conflict of laws o Must be a choice between 1 or more country's lawContractual obligations o Excludes:
? Revenue and customs
? Administrative
? Legal capacity of natural persons
? Family relationships, inc. matrimonial property
? Wills and succession
? Bills of Exchange
? Arbitration agreements
? Companies
? Constitution of trusts
? Dealings prior to the conclusion of contract
? Insurance contractsIn civil and commercial matters o Same meaning as in Brussels RecastTemporal Scope o Not applicable to contracts concluded before 17th December 2009Applicable Law o Any law applicable under Rome I will apply to a dispute even if not a law of a MS o Does not depend on some connection to the EU o Key is that the courts deciding are MS courts

Which law to apply?

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