Book contents
- Frontmatter
- Contents
- Preface
- List of Abbreviations
- Table of Cases
- PART I Introduction
- PART II Jurisdiction
- PART III Choice of law
- 6 Choice of law in electronic contracting
- 7 EU Internet choice of law regime
- 8 US Internet choice of law rules
- 9 Chinese Internet choice of law approaches
- PART IV Online dispute resolution
- PART V The future
- Appendix 1 Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (Brussels I)
- Appendix 2 Regulation (EC) No 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I)
- Bibliography
- Index
7 - EU Internet choice of law regime
from PART III - Choice of law
Published online by Cambridge University Press: 03 May 2011
- Frontmatter
- Contents
- Preface
- List of Abbreviations
- Table of Cases
- PART I Introduction
- PART II Jurisdiction
- PART III Choice of law
- 6 Choice of law in electronic contracting
- 7 EU Internet choice of law regime
- 8 US Internet choice of law rules
- 9 Chinese Internet choice of law approaches
- PART IV Online dispute resolution
- PART V The future
- Appendix 1 Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (Brussels I)
- Appendix 2 Regulation (EC) No 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I)
- Bibliography
- Index
Summary
Overview: the Rome Convention and Rome I Regulation
Over the last thirty years in the EU, the Rome Convention of 1980 (hereafter “the Rome Convention”), has governed choice-of-law rules for contractual obligations. The Rome Convention can be divided into several key elements. First, Articles 3 and 4 are the core provisions of the Convention. Article 3 deals with the applicable law chosen by the parties while Article 4 contains the provisions for ascertaining the applicable law in the absence of choice. Second, there are provisions dealing with the mandatory rules of the forum country or public policy. Third, there are provisions relating to choice of law rules fit for specific aspects of a contract, such as material and formal validity, interpretation, performance and the quantification of contractual damages. The Rome Convention does not specifically tailor its rules for application to electronic commercial transactions.
In the early 2000s, the European Economic and Social Committee and the European Parliament were in favour of converting the Rome Convention of 1980 into a Community Regulation and modernising certain provisions of the Rome Convention, making them clearer and more precise.
- Type
- Chapter
- Information
- Internet Jurisdiction and Choice of LawLegal Practices in the EU, US and China, pp. 100 - 122Publisher: Cambridge University PressPrint publication year: 2010