Contracts (Applicable Law) Act 1990—application and interpretation


Published by a ³ÉÈËÓ°Òô Dispute Resolution expert
Practice notes

Contracts (Applicable Law) Act 1990—application and interpretation


Published by a ³ÉÈËÓ°Òô Dispute Resolution expert

Practice notes
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This Practice Note considers the Application and Scope of the Contracts (Applicable law) Act 1990 (C(AL)A 1990) which is a modified version of the Rome convention on the law applicable to contractual obligations (the Rome Convention). C(AL)A 1990 is applied by the courts of England and Wales (English courts) when determining the applicable law of a contractual dispute where the contract was entered into between 1 April 1991 and 16 December 2009.

To determine whether the applicable law regime set out in C(AL)A 1990, applies, see Practice Note: Applicable law—a guide for Dispute resolution practitioners.

C(AL)A 1990, Sch 1 sets out a modified form of the Rome Convention as applied by the English courts.

This Practice Note refers to:

  1. •

    an explanatory report on the interpretation of the convention, the Giuliano-Lagarde report is referenced in this Practice Note. C(AL)A 1990, s 3 provides that this report maybe considered to assist in the interpretation of the provisions of the convention in C(AL)A 1990, Sch 1

  2. •

    decisions of the Court of Justice. For guidance on whether

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Jurisdiction(s):
United Kingdom
Related legal acts:
Key definition:
Applicable law definition
What does Applicable law mean?

governing law is the law stipulated in a contract to determine a dispute. Where there is no valid governing law clause, the law to be applied, the applicable law, will be determined in accordance with the relevant regulation, convention, legislation or common law rules.

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