Conflicto de leyes
Jurisdicción, ley aplicable y reconocimiento de sentencias extranjeras.
Introducción
El conflicto de leyes determina qué jurisdicción y qué ley se aplican cuando un caso tiene elementos internacionales.
In Brief
Private international law (conflict of laws) determines which court has jurisdiction, which country's law applies, and whether foreign judgments will be recognised. Post-Brexit, England uses common law jurisdiction rules and the retained Rome I and Rome II Regulations for applicable law in contract and tort. Parties are generally free to choose English law and jurisdiction in commercial contracts.
Principios fundamentales
Jurisdiction — Post-Brexit, English courts determine jurisdiction under common law (service of proceedings, submission, forum non conveniens) and retained EU law for matters not covered by international conventions.
Applicable Law in Contract — The Rome I Regulation (retained) determines the law applicable to contractual obligations. The parties' choice of law is generally respected. In the absence of choice, the law of the country most closely connected applies.
Applicable Law in Tort — The Rome II Regulation (retained) determines the law applicable to non-contractual obligations. The general rule is the law of the country where the damage occurs (lex loci damni).
Recognition of Foreign Judgments — Foreign judgments may be recognised and enforced under common law (requiring a final and conclusive judgment of a court with jurisdiction), bilateral treaties, or the Hague Convention on Choice of Court Agreements 2005.
Forum Non Conveniens — English courts may stay proceedings if another forum is clearly more appropriate for the trial of the action (Spiliada Maritime Corp v Cansulex [1987]).
Leyes clave
Private International Law (Implementation of Agreements) Act 2020
Casos principales
Spiliada Maritime Corp v Cansulex
[1987] AC 460
Owusu v Jackson
[2005] ECR I-1383
Escenarios comunes
Cross-border contract dispute post-Brexit
Determine jurisdiction under common law rules (service, submission) or residual retained EU law. The applicable law is determined by the Rome I Regulation (retained): the parties' choice of law prevails; otherwise, the law most closely connected to the contract applies.
Related Careers
Frequently Asked Questions
Which country's law governs my international contract?
If your contract contains a choice of law clause, that law will generally govern the contract under the Rome I Regulation (retained EU law). Without a choice of law, the regulation points to the country most closely connected — for a sale of goods contract, usually the seller's country; for a services contract, usually the service provider's country.
Which courts have jurisdiction over my cross-border dispute?
Post-Brexit, England & Wales determines jurisdiction under common law rules (courts have jurisdiction where the defendant is served within England & Wales, has submitted to jurisdiction, or there is a choice of court agreement) or any applicable international convention. The Brussels Recast Regulation no longer applies between the UK and EU member states after Brexit.
Will an English court judgment be enforced abroad?
Post-Brexit, enforcement in EU member states is no longer automatic under EU law. Enforcement in most countries depends on bilateral treaties, the Hague Conventions, or the domestic law of the enforcing state. The UK acceded to the 2019 Hague Judgments Convention, which provides for mutual recognition of judgments between contracting states, though not all EU members are parties.
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