Private International Law on Contracts: the COVID 19 Experience – Tools for Use, Lessons to Learn from 2022 Onwards
Private International Law on Contracts: the COVID 19 Experience – Tools for Use, Lessons to Learn from 2022 Onwards

Summary/Abstract: Cross border contractual relationships havw gravely suffered from the COVID 19 outbreak. The ultimate challenge for Private International Law (PIL) is to elaborate workable remedies serving international business, employees, producers and consumers alike. This contribution first depicts the impact of the pandemic for contractual relationships relatively ‘vulnerable’ as they involve personal ‘human’ conduct (employment, concerts, conferences, holiday travelling, fairs, sports etc.), as may, indirectly, financial and insurance transactions related to these contract types. As standard conflict of law rules on contract, torts etc., appear unsuited to solve the vis major fact constellations arising from the pandemic, notably the instrument of ‘mandatory laws’ comes in sight. Article 9 of EU Regulation 593/2008 on the Law Applicable to Contractual Relationships (‘Rome I’) is explored against the backdrop of national (Italian and German) laws regulating contracts reputedly ‘vulnerable’ in times of the pandemic: employment relationships. Some recommendations emanate from this inquiry. ‘Rome I’ should be enriched with a brand new sub section 4, endorsing emanating from Community law but also from UN law.’ Furthermore, a revision of article 9 of ‘Rome I’ seems apt, as it is drafted in a too restricted way, solely allowing for the application of mandatory laws of the legal order where duties arising from the contract were or should have been performed.

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