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Rome II - New EU Regulation on the applicable law of non-contractual obligations

 

07 September 2009

Since 11 January 2009 Rome II, the EU Regulation on the applicable law of non-contractual obligations (eg misrepresentation, negligence), has applied across all EU Member States other than Denmark.  

For the first time, Member States have had to apply the same set of rules to determine the law that will govern disputes between parties about their non-contractual obligations in most commercial matters.

The rules in Rome II are significantly different to those rules which were previously applied, at least by the English courts, to determine the law that will govern non-contractual claims. One key change is that Rome II provides for a general rule that the governing law of any non contractual obligations will be the law of the country in which damage occurs (though this rule is subject to a series of exceptions). Another key change is that parties are now able to agree contractually on the law that will govern their non-contractual obligations (it had previously been unclear under English law whether parties could do this).

We have produced a short client webcast, as well as a client bulletin, which explain these and some other key changes in more detail. If you are a client of the firm and wish to hear more about Rome II, please contact Debbie Snow ( debbie.snow@allenovery.com , or tel +44 (0)20 3088 3810), PA to Sarah Garvey, Litigation PSL Counsel and Karen Birch, Senior Litigation PSL.

 

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