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The Rome convention

Contents

Introduction

Once it has been established that a particular court has jurisdiction to hear disputes between the parties to a contract, then the court has to decide which is the correct law to apply to the contract. If it is decided that the UK Courts would have jurisdiction over a dispute, the rules of the Rome convention would be applicable.

The rules of the Rome convention must apply to contractual obligations in situations involving a choice between the laws of different countries. It should be noted how broad the scope of the convention is.

The convention will apply not only to contracts which are connected in one way or another with the EU but it will also apply to contracts which would have no connection with any of the EU States but which happened to be litigated in a UK court.

Not covered by the convention

There are a number of matters that are not covered by the convention. They include:

  • The capacity and status of natural and legal persons
  • Contractual obligations relating to Wills and succession
  • Matrimonial property and other family law matters
  • Obligations arising under most aspects of negotiable instruments
  • Arbitration agreements
  • Agreements on the choice of court
  • Questions governed by company law
  • Agency and trusts
  • Evidence and procedure
  • Insurance of risks situated in the EU