ITT Exam Bundle (Revision Notes).
High distinction achieved in ITT and in LPC course overall.
Useful for open note exams to quickly consult topic area as well as to memorise for closed note.
Exam Structures usefully highlighted.
, 1. Understand the circumstances in which choice of law is an issue;
2. Understand the rules that will be applied by an English court when deciding which
country’s laws it will apply to a contractual dispute with an international dimension;
3. Apply the key rules and concepts contained within the Rome I Regulation; and
4. Draft a simple choice of law and jurisdiction clause.
STEP 1 – DOES THE ROME I REGULATION APPLY?
It must be YES to the following:
1. Does the matter fall within the MATERIAL SCOPE of the Rome I Regulation?
2. Does the matter fall within the TEMPORAL SCOPE of the Rome I Regulation (was the
contract entered into after the Rome I Regulation came into force)
STEP 1(A) - MATERIAL SCOPE (ARTICLE 1) (recitals 7-10)
3 separate parts:
1. IS THE RELEVANT COURT OF TRIBUNAL SEISED OF THE DISPUTE FACED WITH A CONFLICT OF
LAWS?
Does the court or tribunal hearing the dispute have the choice between applying the laws of one
country and/or another?
2. IF SO, DOES THE CASE RELATE TO A CONTRACTUAL OBLIGATION?
Not expressly defined – but any exclusions to this are below
- EXCLUSIONS
Articles 1(1) and 1(2) – Regulation does NOT APPLY in cases relating to contractual
obligations arising out of:
- Revenue matters
- Customs matters
- Administrative matters
- Questions involving the status or legal capacity of natural persons
- Obligations arising out of family relationships, including maintenance obligations
and matrimonial property regimes
- Wills and succession
- Bills of exchange, cheques, promissory notes and other negotiable instruments
- Arbitration agreements and agreements on the choice of court
- Law of companies/corporated or unincorporated bodies relating to the creation,
registration, legal capacity, internal organisation or winding up of such bodies, the
personal liability of their officers and members for the obligations of the body
- Question whether an agent is able to bind a principal in relation to a third party
- Constitution of trusts and the relationship between settlors, trustees and
beneficiaries
- Obligations arising out of dealings prior to the conclusion of a contract
- Certain insurance contracts
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, Article 1(3) – confirms Rome I Regulation will not determine the applicable rules on
evidence or procedure – such matters will fall to be decided in accordance with the domestic
rules of the courts hearing the dispute.
3. IF SO, IS IT A CIVIL AND COMMERCIAL MATTER?
IF YES TO THESE QUESTIONS (AND NO EXCLUSIONS APPLY THEN MOVE ONTO STEP 1(B) –
IF THE ANSWER IS NO TO ANY OF THE QUS, ROME I DOES NOT APPLY
‘This Regulation shall apply to contracts concluded as from 17 December 2009’ (aka on or
after)
ONCE YOU DECIDE THAT THE ROME I REGULATION APPLIES, YOU
MUST THEN CONSIDER ITS RULES IN ORDER TO DECIDE WHICH
COUNTRY’S/COUNTRIES LAWS APPLY TO THE PARTIES’ CONTRACT.
STEP 2 – CHOICE OF LAW (WHICH LAW APPLIES)
STEP 2(A) – THERE IS A CHOICE OF LAW (ARTICLE 3) –
(IF NOT MOVE TO STEP 3)
ARTICLE 3(1) – A contract shall be governed by the law chosen by the parties. The choice shall be
made expressly or clearly demonstrated by the terms of the contract or the circumstances of the
case. By their choice the parties can select the law applicable to the whole or to part only of the
contract.
3 separate parts:
1. A CONTRACT SHALL BE GOVERNED BY THE LAW CHOSEN BY THE PARTIES
Parties to the contract can choose the law applicable to the whole or part of their contract.
- Recital 13 – Regulation does not preclude parties from incorporating the laws of non-EU
member states into their contract.
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