Cross-border litigation gets an overhaul

Rome II has been adopted by the European Union today, in a move which should bring more clarity to cross-border litigation.

Cross-border negligence, defamation and product liability are among the issues affected by the new regulation.

The implementation of the Rome II regulation aims to introduce legal clarity where there is a conflict of laws between EU Member States in civil and commercial matters were there are non-contractual obligations only.

The regulation on the whole encourages parties to hear cases in the country where an incident took place, but makes allowances for them to make alternative arrangements in certain circumstances, such as in advance of a transaction.

UK MEP Diana Wallis, the appointed rapporteur said that the success of Rome II will now depend on good judicial co-operation, with proper use and respect for one another’s laws.