Comparative analysis between choice of law rules under common law and Rome I Regulation with reference to contractual obligations

Abstract

This study is to examine the issue of choice of law in international commercial dispute settlement. This research will look at the rules of conflict of laws in determining the proper law of the contract. Moreover, it will also look at the rules of conflict of laws in determining the applicable law of the contract. This study will be based on the common law and the development of the Rome convention and Rome I Regulation on the law applicable to contractual obligations. However, this research aims to determine the choice of law to the contract by the contracting parties under both legal systems (Common Law and Rome I Regulation). In addition, the research will look at the different statuses of extracting the governing law of the contract, that includes: when the contracting parties have made a choice of law in their contract either for the whole or part of it, when the contracting parties have not made a choice of law but they refer to it through an implied choice in the contract, and finally, when the contracting parties have not made an express or an implied choice of law rules to govern their contract. Hence, this research will address the applied law of the chosen state in the light of its mandatory rules and public policy. The researcher sheds light on the advantages and disadvantages of both legal systems. Thereafter, similarities and differences between both Common Law and Rome I Regulation approach are going to be pointed out. Ultimately, ameliorative suggestions coined to serve as a researcher pure contribution.