IV.Implementation of the Rome I Regulation in the United Kingdom
The withdrawal of the United Kingdom from the European Union has not to date led…
- Statutory Instrument 2019 No. 834, Exiting the European Union Private International…
- Statutory Instruments 2020 No. 1574, The Jurisdiction, Judgments and Applicable…
In what concerns changes, the first act foresees that the wording “United Kingdom”…
Regarding domestic law conflicts resulting from UK’s multi-legislative legal system,…
In most provisions, the term “Member States” is replaced by “Relevant States”, which…
Point number 4 of Article 3 is maintained, which means that the United Kingdom still…
Article 7, 4, b) regarding the imposition of the applicable law by a Member State…
In a bilateral perspective, we can consider that the United Kingdom, by maintaining…
With the departure of the United Kingdom, Article 3/4 and 7 are no longer…
Article 3 continues to permit the express choice of English law.…
Regarding Article 3/4, compliance with the mandatory provisions of European Union…
The priority is that the selection of law be maintained. From a contractual point…
If there is no express choice, English law may apply. This is very important when…
Of course, if English courts correspond to forum conveniens, English law may…
Yet, the issue is particularly relevant in cases where the determination of the applicable…
Article 7 of the Brussels I bis Regulation, Article 5 of the Brussels Convention
On the other hand, the UK joined the Hague Convention on Choice of Court Agreements
The determination of international jurisdiction depends on the law of each EU Member…
With regard to the specifications introduced by the second mentioned act above, they…
Conclusion…
It appears, therefore, that the option to maintain the Rome I Regulation in force…
However, the regulation in accordance with that valid for the European Union’s legal…
If the approval of the aforementioned first act (Statutory Instrument 2019 No. 834)…
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