Skip to content Skip to navigation
University of Warwick
  • Study
  • |
  • Research
  • |
  • Business
  • |
  • Alumni
  • |
  • News
  • |
  • About

University of Warwick
Publications service & WRAP

Highlight your research

  • WRAP
    • Home
    • Search WRAP
    • Browse by Warwick Author
    • Browse WRAP by Year
    • Browse WRAP by Subject
    • Browse WRAP by Department
    • Browse WRAP by Funder
    • Browse Theses by Department
  • Publications Service
    • Home
    • Search Publications Service
    • Browse by Warwick Author
    • Browse Publications service by Year
    • Browse Publications service by Subject
    • Browse Publications service by Department
    • Browse Publications service by Funder
  • Help & Advice
University of Warwick

The Library

  • Login
  • Admin

Commercial choice of law in context : looking beyond Rome

Tools
- Tools
+ Tools

Penadés-Fons, Manuel (2015) Commercial choice of law in context : looking beyond Rome. The Modern Law Review, Volume 78 (Number 2). pp. 241-295. doi:10.1111/1468-2230.12115

Research output not available from this repository.

Request-a-Copy directly from author or use local Library Get it For Me service.

Official URL: http://dx.doi.org/10.1111/1468-2230.12115

Request Changes to record.

Abstract

English courts are frequently criticised for their flexible approach to the finding of implied choice and the use of the escape clause in the context of the Rome I Regulation/Convention on the law applicable to contractual obligations. This paper argues that such criticism is misplaced. Based on empirical evidence, the article shows that those choice of law decisions are directly influenced by their procedural context and respond to the need to balance the multiple policy issues generated by international commercial litigation. In particular, English decisions need to be assessed in light of three distinct factors: the standard of proof required at different stages of the procedure in England, the national policy to promote England as a center for commercial dispute resolution and the incentives to export English law in certain strategic industries. The use of implied choice and the escape clause to achieve these ends constitutes a legitimate practice that does not frustrate the aims of the EU choice of law regime.

Item Type: Journal Article
Subjects: K Law [Moys] > KF Common Law, British Isles > KF England and Wales
K Law [Moys] > KW European Union Law
Divisions: Faculty of Social Sciences > School of Law
Library of Congress Subject Headings (LCSH): Conflict of laws -- Contracts -- Great Britain, Contracts -- Great Britain, Commercial law -- Great Britain
Journal or Publication Title: The Modern Law Review
Publisher: Wiley-Blackwell Publishing Ltd.
ISSN: 0026-7961
Official Date: 2 March 2015
Dates:
DateEvent
2 March 2015Published
Volume: Volume 78
Number: Number 2
Page Range: pp. 241-295
DOI: 10.1111/1468-2230.12115
Status: Peer Reviewed
Publication Status: Published
Access rights to Published version: Open Access

Request changes or add full text files to a record

Repository staff actions (login required)

View Item View Item
twitter

Email us: wrap@warwick.ac.uk
Contact Details
About Us