Contracts (Applicable Law) Act 1990—application and interpretation

This Practice Note considers the Application and Scope of the Contracts (Applicable law) Act 1990 (C(AL)A 1990). C(AL)A 1990 is applied by the courts of England and Wales when determining the applicable law of a contractual dispute where the contract was entered into between 1 April 1991 and 16 December 2009.

To determine whether the applicable law regime set out in C(AL)A 1990, applies, see Practice Note: Applicable law—a guide for Dispute resolution practitioners.

C(AL)A 1990, Sch 1 sets out a modified form of the Rome Convention as applied by the courts in England and Wales.

This Practice Note refers to:

1. • an explanatory report on the interpretation of the convention, the Giuliano-Lagarde report is referenced in this Practice Note. C(AL)A 1990, s 3 provides that this report maybe considered to assist in the interpretation of the provisions of the convention in C(AL)A 1990, Sch 1
2. • decisions of the Court of Justice. For guidance on whether judgments of the Court of Justice are binding on UK courts, see Q&A: Are UK courts and tribunals