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Conflict of laws

12 November 2009
Issue: 7393 / Categories: Case law , Law digest
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FR Lurssen Werft GmbH & Co KG v Halle [2009] EWHC 2607 (Comm), [2009] All ER (D) 33 (Nov)

Under Art 3.1 of the Rome Convention, a contract was governed by the law chosen by the parties. In the absence of a choice of law, the law governing a contract was determined in accordance with Art 4 of the Convention. The court should consider whether there was a real, albeit implicit, choice of law which was demonstrated with reasonable certainty by all the circumstances of the case.

Article 4.1 provided that a contract was to be governed by the law of the country with which it was most closely connected. The Convention was an international convention and should be interpreted on the basis of an “autonomous” rather than a particular national or English law approach.

Its interpretation and its application to facts should be the same in all states who were party to the Convention, which involved a purposive approach to interpretation rather than a narrow or literal approach.

A court should not strain to find

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NEWS
The landmark Supreme Court’s decision in Johnson v FirstRand Bank Ltd—along with Rukhadze v Recovery Partners—redefine fiduciary duties in commercial fraud. Writing in NLJ this week, Mary Young of Kingsley Napley analyses the implications of the rulings
Barristers Ben Keith of 5 St Andrew’s Hill and Rhys Davies of Temple Garden Chambers use the arrest of Simon Leviev—the so-called Tinder Swindler—to explore the realities of Interpol red notices, in this week's NLJ
Mazur v Charles Russell Speechlys [2025] has upended assumptions about who may conduct litigation, warn Kevin Latham and Fraser Barnstaple of Kings Chambers in this week's NLJ. But is it as catastrophic as first feared?
Lord Sales has been appointed to become the Deputy President of the Supreme Court after Lord Hodge retires at the end of the year
Limited liability partnerships (LLPs) are reportedly in the firing line in Chancellor Rachel Reeves upcoming Autumn budget
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