Governing law: contracts made before 17 December 2009

This note summarises, from an English law perspective, the key provisions of the Convention on the law applicable to contractual obligations (80/934/EEC) (Rome Convention), which contains the rules for determining the governing law of contracts made between 1 April 1991 and 16 December 2009. The Rome Convention was incorporated into domestic law in the Contracts (Applicable Law) Act 1990.

This note has been updated in light of Brexit and the end of the UK-EU transition period at 11.00 pm (UK time) on 31 December 2020. At the end of the transition period, the rules in the Rome Convention (with amendments) were incorporated into UK law (as retained EU law), and they therefore continue to apply across the UK to contracts made between 1 April 1991 and 16 December 2009.