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Last Friday, 10 October, saw EU Ministers finally ratify the Choice of Convention 2005. It will now come into force 3 months after that date ie 10 October 2015. For the press release on the ratification, see here. For practitioners dealing with international disputes involving the EU, this is an important moment as both the Convention and Brussels I (recast), which will apply from the same date, deal with Choice of Court Agreements.
Note: For subscribers to LexisPSL assistance guidance is provided on both the Convention and article 25 of Brussels I (recast)
For those without such a subscription, we will, over the coming weeks be providing a series of insights into different issues which need to be considered when applying Brussels I (recast). Given the fact that the Convention comes into force at the same time, we will be bringing forward the blog on Choice of Court Agreements to this Thursday. This blog comprises a review produced by Patrick Robinson, a partner in the dispute resolution practice at Linklaters. He considers the amendments to the general rules on EU jurisdiction clauses and, among other things, points out the potential pitfalls—and how to avoid them—arising from the adoption of a new rule on substantive validity.
The series of blogs on Brussels I (recast) began with one on arbitration by Nigel Rawding, a partner at Freshfields Bruckhaus Deringer LLP and head of the firm’s London-based international arbitration practice, and Liz Snodgrass, counsel in the firm’s international arbitration group based in London. In their review they highlight the likely effects and challenges the new regulation will pose for arbitration. Find that blog here.
Over the coming weeks we will be providing blogs on issues such as Reversing Gasser, the impact of the changes on enforcement as well as dealing with third party states.
Feel free to provide comments for inclusion following the blog. While your name is required to submit the comment, we can, if requested, publish the comment on to the blog on an anonymous basis, or, tweet to us @lexisuk_dr.
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Janna is a dispute resolution lawyer. She deals primarily with cross border issues and is active in the work being undertaken in relation to the implications of Brexit for Dispute Resolution lawyers. Janna also heads up a LexisNexis costs team bringing together expertise from across the company to deal with the costs issues facing the profession.
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