Abstract

Compared with scholarship in other conflicts topics, less attention has been paid to the interrelationship of jurisdiction and choice of law. It is generally agreed that as a matter of principle jurisdiction and choice of law are distinct issues and need different processes. The conceptual dichotomy is the foundation of the contemporary conflicts system, including the European harmonisation of private international law. The European jurisdiction rules in civil and commercial matters are contained in the Brussels regime, including Council Regulation 44/2001 and the Lugano Convention; the European choice of law in contracts is harmonised by the Rome Convention, which has been undergoing a process to be converted into a Council Regulation ("Rome I"). Although the legislators have held the willingness to create a systematic and congruent conflicts system, a close scrutiny of the texts of both regimes suggests insufficient consideration has actually been given to the implications of the development of one upon the other. This article aims to focus on the interrelationship of jurisdiction and choice of law in contracts by examining some key issues arising out of the current European context.