The Significance of the Place of Performance in Commercial Contracts under the European Union Choice of Law Rules

The central theme of this thesis is that the place of performance is of considerable significance as a connecting factor in international commercial contracts. This thesis challenges and questions the approach of the European legislator, which does not explicitly give the place of performance special significance in the determination of the applicable law in the absence of choice for commercial contracts. This thesis proposes that the place of performance should be explicitly given special significance under a revised Article 4 of Rome I Regulation. Second, it is argued that the absolute significance given to the place of performance in determining foreign country overriding mandatory rules is a good reason why the place of performance should be explicitly given special significance under a revised Article 4 of Rome I Regulation. Third, inspired by the coherence between matters of European Union jurisdiction and choice of law in civil and commercial matters, it is argued that the place of performance which is given special significance under the European Union rules on the allocation of jurisdiction for commercial contracts is a good reason why the place of performance should be explicitly given special significance under a revised Article 4 of Rome I Regulation. This thesis then concludes by proposing a model revised Article 4 of Rome I Regulation that could be used as an international solution by legislators, judges, arbitrators, and other decision makers who wish to reform their choice of law rules in determining the applicable law in the absence of choice for international commercial contracts.The Significance of the Place of Performance in Commercial Contracts under the European Union choice of Law rule