Conflict of Laws – Contract Introduction • Conflict

Conflict of Laws – Contract Introduction

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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 :

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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 Look at all circs to find true intention o Rome Convention  Superseded by Rome I o Regulation No 593/2008 (Rome I)  December 2009 Rome I

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Material Scope o Article 1:  Applies where:

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Conflict of laws o Must be a choice between 1 or more country’s law

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Contractual 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 contracts

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In civil and commercial matters o Same meaning as in Brussels Recast

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Temporal Scope o Not applicable to contracts concluded before 17th December 2009

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Applicable 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?