Rome I—parties did not choose applicable law (UK only)


Produced in partnership with Angharad Parry of Twenty Essex
Practice notes

Rome I—parties did not choose applicable law (UK only)


Produced in partnership with Angharad Parry of Twenty Essex

Practice notes
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This Practice Note was written in partnership with Angharad Parry of Twenty Essex.

This Practice Note is for use when determining applicable law where the contract was entered into between 17 December 2009 and 31 December 2020.

For contracts entered into on different dates, a different applicable law regime will be applied by the UK courts. Which regime will apply, will depend on the date on which the contract was entered into. For guidance on the different regimes and their interrelationship, see Practice Note: Applicable law regimes.

This Practice Note considers the application of Regulation (EC) 593/2008 on the law applicable to contractual obligations, commonly known as Rome I, to circumstances in which the parties have not chosen the applicable law. It considers the law governing specific forms of contract such as Sale of goods, provision of services and distribution contracts. It also considers the situation where contracts do not fall with the specific categories, the so called ‘escape clause’. In such cases, the following terms are of importance:

Angharad Parry
Angharad Parry

Twenty Essex

Angharad Parry specialises in advisory and advocacy work in a wide range of commercial disputes with a special focus on private international law issues/conflict of laws, sale of goods and commodities, energy and natural resources, off-shore, projects and heavy industry, carriage of goods, shipping and public international law work (particularly involving contracts between states and private entities). In addition to court work, she has extensive experience in arbitration, particularly before the ICC and LCIA. Angharad has also been involved in court proceedings, ancillary to arbitration, with a recent appearance before the Court of Appeal in the seminal case of Integral Petroleum Ltd v Melars Group Ltd (2016) EWCA Civ 108. She has also been involved in numerous proceedings with multi-jurisdictional elements.

Angharad is recommended by The Legal 500 (2012 and 2013) as a "Leading Junior" in the field of Commercial Litigation, and in Commodities (2014, 2015 and 2016). She is also recommended for Energy by Who's Who Legal UK Bar (2015) where she is described as "exceptionally hard-working, dedicated, and a real star".

Angharad was appointed to the Treasury Solicitor Civil/ Commercial B Panel in 2016.

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Jurisdiction(s):
United Kingdom
Related legal acts:
Key definition:
Sale of goods definition
What does Sale of goods mean?

A sale is the transfer of ownership by mutual asset of a thing from one person (the seller) to another (the buyer) for a money price.

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