Governing law and court jurisdiction differ
Rome I concerns the law applicable to contractual obligations, while Rome II concerns non-contractual obligations within their respective scopes. The law governing a contract does not itself identify the court entitled to decide a dispute. A forum clause, arbitration clause and governing-law clause should therefore be reviewed as separate but connected parts of the arrangement.
Mandatory protections can affect the result
Party choice, default connecting factors, mandatory rules and public policy need to be considered in the particular category of claim. Employment and consumer contracts can raise protective rules; a tort, competition claim or intellectual-property dispute may engage its own analysis. Preserve the contract, performance locations, parties’ habitual connections and dates. National conflict rules, participation and transitional provisions remain relevant where a Regulation does not govern the issue.
Practical questions to resolve
- Separate the contractual and non-contractual claims
- Identify the governing-law clause and connecting facts
- Check mandatory protections and territorial participation
Primary sources & further reading
Connect the framework to local law
The instrument is one part of the analysis. The countries, facts, relevant dates, national procedure and authority to act determine how it can be used in a particular matter.
These guides provide general legal information. The operative law, deadlines, professional permissions and scope of work are confirmed for the particular matter. Representation is arranged through appropriately authorised local practitioners.