Contracts (Applicable Law) Act 1990

1Meaning of “the Conventions”

2Conventions to have force of law

3Interpretation of Conventions

4Revision of Conventions etc

5Consequential amendments

6Application to Crown

SCHEDULE 1The Rome Convention

Title IScope of the Convention

Article 1Scope of the Convention

1The rules of this Convention shall apply to contractual obligations...

2They shall not apply to: (a) questions involving the status...

3The rules of this Convention do not apply to contracts...

4The preceding paragraph does not apply to contracts of re-insurance....

Article 2Application of law of non-contracting States

Title IIUniform Rules

Article 3Freedom of choice

1A contract shall be governed by the law chosen by...

2The parties may at any time agree to subject the...

3The fact that the parties have chosen a foreign law,...

4The existence and validity of the consent of the parties...

Article 4Applicable law in the absence of choice

1To the extent that the law applicable to the contract...

2Subject to the provisions of paragraph 5 of this Article,...

3Notwithstanding the provisions of paragraph 2 of this Article, to...

4A contract for the carriage of goods shall not be...

5Paragraph 2 shall not apply if the characteristic performance cannot...

Article 5Certain consumer contracts

1This Article applies to a contract the object of which...

2Notwithstanding the provisions of Article 3, a choice of law...

3Notwithstanding the provisions of Article 4, a contract to which...

4This Article shall not apply to: (a) a contract of...

5Notwithstanding the provisions of paragraph 4, this Article shall apply...

Article 6Individual employment contracts

1Notwithstanding the provisions of Article 3, in a contract of...

2Notwithstanding the provisions of Article 4, a contract of employment...

Article 7Mandatory rules

1When applying under this Convention the law of a country,...

2Nothing in this Convention shall restrict the application of the...

Article 8Material validity

1The existence and validity of a contract, or of any...

2Nevertheless a party may rely upon the law of the...

Article 9Formal validity

1A contract concluded between persons who are in the same...

2A contract concluded between persons who are in different countries...

3Where a contract is concluded by an agent, the country...

4An act intended to have legal effect relating to an...

5The provisions of the preceding paragraphs shall not apply to...

6Notwithstanding paragraphs 1 to 4 of this Article, a contract...

Article 10Scope of the applicable law

1The law applicable to a contract by virtue of Articles...

2In relation to the manner of performance and the steps...

Article 11Incapacity

Article 12Voluntary assignment

1The mutual obligations of assignor and assignee under a voluntary...

2The law governing the right to which the assignment relates...

Article 13Subrogation

1Where a person (“the creditor”) has a contractual claim upon...

2The same rule applies where several persons are subject to...

Article 14Burden of proof, etc.

1The law governing the contract under this Convention applies to...

2A contract or an act intended to have legal effect...

Article 15Exclusion of renvoi

Article 16Ordre public

Article 17No retrospective effect

Article 18Uniform interpretation

Article 19States with more than one legal system

1Where a State comprises several territorial units each of which...

2A State within which different territorial units have their own...

Article 20Precedence of Community law

Article 21Relationship with other conventions

Article 22Reservations

1Any Contracting State may, at the time of signature, ratification,...

2Any Contracting State may also, when notifying an extension of...

3Any Contracting State may at any time withdraw a reservation...

Title IIIFinal Provisions

1If, after the date on which this Convention has entered...

2Any signatory State may, within six months from the date...

3If no signatory State has requested consultations within this period...

1If, after the date on which this Convention has entered...

2The procedure referred to in the preceding paragraph need not...

1This Convention shall apply to the European territories of the...

2Notwithstanding paragraph 1: (a) this Convention shall not apply to...

3Such declarations may be made at any time by notifying...

4Proceedings brought in the United Kingdom on appeal from courts...

1This Convention shall be open from 19 June 1980 for...

2This Convention shall be subject to ratification, acceptance or approval...

1This Convention shall enter into force on the first day...

2This Convention shall enter into force for each signatory State...

1This Convention shall remain in force for 10 years from...

2If there has been no denunciation it shall be renewed...

3A Contracting State which wishes to denounce shall, not less...

4The denunciation shall have effect only in relation to the...

SCHEDULE 2The Luxembourg Convention

SCHEDULE 3The Brussels Protocol

1The competent authority of a Contracting State may request the...

2The interpretation given by the Court of Justice in response...

3The Procurators-General of the Supreme Courts of Appeal of the...

4The Registrar of the Court of Justice shall give notice...

5No fees shall be levied or any costs or expenses...

1Except where this Protocol otherwise provides, the provisions of the...

2The Rules of Procedure of the Court of Justice shall,...

1To enter into force, this Protocol must be ratified by...

2Any ratification subsequent to the entry into force of this...

SCHEDULE 4Consequential Amendments

The Equal Pay Act 1970 (c. 41)The Equal Pay Act (Northern Ireland) 1970 (c. 32 (N.I.))

1In Section 1(11) of the Equal Pay Act 1970 and...

The Consumer Credit Act 1974 (c. 39)

2In sections 43(2)(c) and 145(3)(c) and (4)(b) of the Consumer...

The Patents Act 1977 (c. 37)

3In section 82(5) and (6) of the Patents Act 1977,...

The Unfair Contract Terms Act 1977 (c. 50)

4In section 27(1) of the Unfair Contract Terms Act 1977,...

The Aviation Security Act 1982 (c. 36)

5In section 19(5) of the aviation security act 1982, for...

The Income and Corporation Taxes Act 1988 (c. 1)

6In section 347b(1)(a) of the Income and Corporation Taxes Act...

Contracts (Applicable Law) Act 1990

1990 Chapter 36

An Act to make provision as to the law applicable to contractual obligations in the case of conflict of laws.

[26th July 1990]

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—