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-The [[Rome II]] Regulation, which was published on 31 July 2007 and applies to all {{tag|EU}} Member States (except  {{tag|Denmark}}) introduces new rules apply, among others, to claims based on competition law. Rome II aims to harmonise the conflict of laws rules applied by Member States when dealing with disputes involving non-contractual obligations and means that one rule for choice of law in such disputes applies across all Member States.
+{{a|negotiation|}}{{Noncontractualobligations}}
+===Jurisdiction: you choose!===
+Parties can agree to submit [[non-contractual obligations]] to the law of their choice. Previously, English courts haven’t been sure as to whether this is {{tag|cricket}}. Rome II confirms that it is:
+*Where the agreement was made after the event giving rise to the damage; or
+*Where all parties are pursuing a commercial activity, if freely negotiated ''before'' the event giving rise to the damage occurred.
-In this context “[[non-contractual obligations]]” includes claims based on [[tort]] such as [[negligence]], breach of [[competition law]] and breach of [[statutory duty]].
+{{sa}}
+*[[Contractual negligence]]
-But, brilliantly, it does not apply to non-contractual obligations arising under [[bills of exchange]], [[cheque]]s and [[promissory note]]s and other [[negotiable instrument]]s which arise out of their negotiable character.
+*[[Concurrent liability]]
+*[[Negligence, fraud or wilful default]]
-Rome II doesn't apply to company law defamation either. Though it's kind of hard to see how you could have a contractual obligation to defame someone.
+{{ref}}