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Section 12 Conflict of laws.I1

(1)

This Act does not have effect in relation to a contract governed by the law of a part of the United Kingdom by choice of the parties if—

(a)

there is no significant connection between the contract and that part of the United Kingdom; and

(b)

but for that choice, the applicable law would be a foreign law.

(2)

This Act has effect in relation to a contract governed by a foreign law by choice of the parties if—

(a)

but for that choice, the applicable law would be the law of a part of the United Kingdom; and

(b)

there is no significant connection between the contract and any country other than that part of the United Kingdom.

(3)

In this section—

  • “contract” means a contract falling within section 2(1); and

  • “foreign law” means the law of a country outside the United Kingdom.

Annotations

Commencement

I1

S. 12 fully in force; s. 12 not in force at Royal Assent see s. 17(2); s. 12 in force for specified purposes: at 1.11.1998 by S.I. 1998/2479, art. 3; at 1.7.1999 by S.I. 1999/1816, art. 3; at 1.9.2000 by S.I. 2000/2225, art. 3(1), Sch.; at 1.11.2000 by S.I. 2000/2740, art. 3(1); S. 12 in force (E. W. NI.) in so far as not already in for ce at 7.8.2002 by S.I. 2002/1673, art. 2; S. 12 in force (S.) in so far as not already in force at 7.8.2002 by S.S.I. 2002/337, art. 2