Governing law
A boilerplate clause that establishes the law of England and Wales as the governing law of an agreement and disputes arising under it. The accompanying drafting notes explain the importance of specifying a choice of law to govern both contractual and non-contractual obligations and disputes. They provide guidance on the complex post-Brexit legal framework governing choice of law, including the application of Regulation (EC) No 593/2008 (Rome I), Regulation (EC) No 864/2007 (Rome II) and their domestic assimilated law versions, UK Rome I and UK Rome II. The clause addresses the general enforceability of English law choices in UK and EU courts and considers the potential for future divergence in legal interpretation.
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