DR - Conflict of Laws - Rome 1

Question 1

Conflict of Laws
Rome 1 governs by which laws contract disputes should be governed. Which contracts does Rome 1 not apply to:

Answer 1

Rome I does not apply to contracts entered into before 17 December 2009

Question 2

Conflict of Laws
Under Rome 1 for contracts
How do you decide which country’s law will apply for a contract dispute?

Answer 2

1 Have the parties chosen which law should apply?

• If yes: That country’s law will apply
• If no then…

2 Does the contract relate to one of the cases specified in Articles 4(1)(a) to (h)?

• If yes: If so, those articles apply
• If no: The applicable law is that of the country where the “characteristic performer” has its habitual residence…

[Whether Articles 4(1)(a) or 4(1)(h) apply or the applicable law is that of the characteristic performance, there is a final question…]

3 unless Contract “manifestly more closely connected” with another country (rare)

Question 3

Conflict of Laws
Under Rome 1, How do you decide which country’s laws will apply for a contract dispute?
When Articles 4(1)(a) to (h) apply re – Sale of goods contract:

Answer 3

applicable law is that of the seller’s habitual residence*

Question 4

Conflict of Laws
Under Rome 1, How do you decide which country’s laws will apply for a contract dispute?
When Articles 4(1)(a) to (h) apply re – Provisions of services contract:

Answer 4

applicable law is that of the service provider’s habitual residence*

Question 5

Conflict of Laws
Under Rome 1, How do you decide which country’s laws will apply for a contract dispute?
When Articles 4(1)(a) to (h) apply re – Contract relating to land:

Answer 5

applicable law is that where the land is situated

Question 6

Conflict of Laws
Under Rome 1, How do you decide which country’s laws will apply for a contract dispute?
When Articles 4(1)(a) to (h) apply re – Distribution contract:

Answer 6

applicable law is that of the distributor’s habitual residence*

Question 7

Conflict of Laws
Under Rome 1 for contracts, Generally, who is the “characteristic performer” when deciding “The applicable law is that of the country where the “characteristic performer” has its habitual residence”

Answer 7

it is generally the party doing the ‘something’ which is giving the contract its character, not the party making the payment