Jurisdiction(s):
European Union

Rome I (Reg (EC) 593/2008): scope, exclusions, universal application and key general provisions for contractual choice of law, with interpretation tools and overriding mandatory rules

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Practice notes

Use this Practice Note when identifying the applicable law for agreements made on or after 17 December 2009. It outlines when and for what reasons Regulation (EC) 593/2008, Rome I was brought in. The Note reviews the implementation of Regulation (EC) 593/2008, Rome I, the states that have signed up and are therefore bound by it, together with any reservations those states have entered. It explains why the regulation governs contractual disputes within the UK. Guidance is given on interpreting Regulation (EC) 593/2008, Rome I, followed by consideration of the universal application rule (art 2) and the breadth of the applicable law (art 12). It sets out the general principles alongside rules tailored to particular categories of contract. It also identifies matters excluded from Regulation (EC) 593/2008, Rome I, including arbitration and questions relating to the status and legal capacity of companies. Throughout, the instrument is referred to as Regulation (EC) 593/2008, Rome I, or simply Rome I.

Purpose of Rome I

The aim of Rome I is described in Recital [6] of Regulation (EC) 593/2008, Rome I as securing that, under the conflict of laws...

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