But, apart from these exceptions, the Regulations continue to apply the rules set out in Rome I and Rome II.
The Regulations set out some minor exceptions arising from the different status of the UK following Brexit where they may apply differently to Rome I and Rome II, for instance in the case of non-derogable mandatory rules or certain insurance contracts.
Under the Regulation, both Rome I and Rome II, the UK continues to apply the rules set out in Rome I and Rome II to determine the proper law of the contract and the law governing non-contractual obligations. The Law Applicable to Contractual Obligations and Non-Contractual Obligations (Amendment etc.) (EU Exit) Regulations 2019 (the “Regulations”) were approved by Parliament in February 2019. Before Brexit, the UK was bound by the rules for choice of law set out in the Rome I Regulation (593/2008) (with respect to contractual obligations) and in the Rome II Regulation (864/2007) (which provides an ability for parties to adopt a choice of law for non-contractual obligations).
