Choice of Law and Choice of Forum in the European Union: Recent Developments

Abstract

The Oxford Civil Justice Survey fills a wide gap in the existing literature on choice of law and choice of forum in the European Union. It provides empirical evidence on how both concepts work in practice and how different legal systems are perceived by businesses. To put the survey into context and to allow for an intelligent interpretation of the results, the paper sheds light on the design of choice of law and choice of forum in the European Union in general and some recent developments in particular. It shows that choice of law and choice of forum have been recognized in Europe since the adoption of the Brussels and the Rome Conventions and that both choice of law and choice of forum have been transformed into European concepts with the conversion of the Rome and the Brussels Conventions into Community instruments. It also shows that both choice of law and choice of forum are subject to several limitations, which curtail their reach and effectiveness and, thus, reject the parties’ abilities to structure their transactions in a way that resembles national transactions. However, despite these limitations, choice of law and choice of forum remain the most important legal instruments in dealing with the uncertainties that parties to international transactions face in a world that is characterized by the multiplicity of laws.

Keywords: Conflict of Laws, Private International Law, Choice of Law, Choice of Forum, Rome Convention, Rome I Regulation, Brussels Convention, Brussels I Regulation, Hague Convention on Choice of Court Agreements, Consumer Protection, Non-State Law, Lis Pendens, Anti-Suit Injunctions