The Significance of the Doctrine of Accessory Allocation as a Connecting Factor under Article4 of Rome I Regulation

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Abstract

The doctrine of accessory allocation is given special significance as a connecting factor by the framers of Rome I Regulation (through Recitals 20 and 21) in utilising the escape clause and principle of closest connection under Article 4. This article analyses the application of the doctrine under the Rome Convention; the possible reasons why the framers of Rome I gave the doctrine special significance; the nature of inquiry a Member State court would be faced with in applying the doctrine especially in very closely related contracts such as back-to-back contracts; and the dilemma faced by the court in determining the quantum of weight to attach to the application of the doctrine as it relates to displacing the main rule(s). The author concludes by stating that there is need for more clarity on the significance of the doctrine of accessory allocation as a connecting factor under Article 4 of Rome I.
Original languageEnglish
Pages (from-to)449-497
Number of pages48
JournalJournal of Private International Law
Volume9
Publication statusPublished - 28 Dec 2013

Keywords

  • Choice of Law
  • Rome I
  • Article 4
  • Accessory Allocation
  • Rome Convention

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