Rome I Regulation
The Rome I Regulation can be distinguished from the Brussels Regime which determines which court can hear a given dispute, as opposed to which law it should apply.The Danish government planned to join the regulation if a referendum on 3 December 2015 approved converting its opt-out into an opt-in, but the proposal was rejected.Article 4 deals with contracts where the parties have made no express or implied choice of governing law.Overriding mandatory provisions are provisions the respect for which is regarded as crucial by a country for safeguarding its public interests, such as its political, social or economic organisation, to such an extent that they are applicable to any situation falling within their scope, irrespective of the law otherwise applicable to the contract under this Regulation.One of the criticisms of Rome I is that it does not address the problems caused by successive assignments (by way of security or absolutely) and the determination of priorities between subsequent assignees.Article 21 provides: The application of a provision of the law of any country specified by this Regulation may be refused only if such application is manifestly incompatible with the public policy (ordre public) of the forum.The United Kingdom originally opted out of the regulation, but subsequently decided to opt-in.[4] As of September 2022[update], following Brexit, the regulation is retained EU law within the UK, subject to minor amendments.
Rome I Regulation, Rome Convention
Rome Convention
Ancient RomeRome processregulationchoice of lawConvention on the Law Applicable to Contractual Obligations 1980Brussels Regimeopt-outarea of freedom, security and justicereferendum on 3 December 2015negotiable instrumentsbills of exchangechequespromissory notesarbitration agreementsNew York Conventionagreements on the choice of courttrust lawRome II Regulationdifferent laws govern different parts of the contractPosted Workers Directivethe forumassignmentsubrogationset-offpresumption of advancementrenvoiordre publicBrexitretained EU lawUK labour lawUNIDROITOfficial Journal of the European UnionLawson v Serco LtdPrivate international lawEuropean UnionBrussels IBrussels IIMaintenance obligationsRome IIRome IIIService of processTaking of evidence