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.
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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 Superseded by Rome I o Regulation No 593/2008 (Rome I)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
? Legal capacity of natural persons
? Family relationships, inc. matrimonial property
? Wills and succession
? Bills of Exchange
? Arbitration agreements
? 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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