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Understanding the Rome Convention: Choice of Applicable Law in International Trade Contracts

This presentation by Olivier Beddeleem explores the Rome Convention's principles regarding the applicable law in international trade contracts. It discusses the freedom of choice in selecting applicable law while highlighting limitations and the conditions under which the absence of choice is addressed—such as close connections and characteristic performance. The focus will also be on the protection of weaker parties in contracts, including labor and consumer contracts, ensuring their rights and interests are safeguarded within international trade frameworks.

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Understanding the Rome Convention: Choice of Applicable Law in International Trade Contracts

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Presentation Transcript

  1. THE APPLICABLE LAW Olivier BEDDELEEM International Trade Contracts ISEG

  2. I- The Rome Convention • Presentation of the Rome convention

  3. II- The choice of the applicable law • A- Freedom of choice • B- Limits to the power to choose

  4. III- Absence of choice • Rome Convention Art 4 • A) Close connection

  5. B) Presumption : Characteristic performance • Definition : What a party receives in exchange of a payment • Example : A sells 10 computers to B for 10.000 Euros

  6. IV- Weak parties protection • A- Labour contract • B- Consumer contract

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