The following Dispute Resolution guidance note provides comprehensive and up to date legal information covering:
STOP PRESS: This Practice Note is being reviewed in light of the revised Draft Withdrawal Agreement dated 17 October 2019. In the interim, for further general guidance on the Draft Withdrawal Agreement, see Practice Note: Brexit—considerations for dispute resolution practitioners.
The UK and EU’s specific proposals for transitional arrangements on applicable law will be a key issue for UK litigators. This Practice Note considers the impact that Brexit will have on determining the applicable law when the UK leaves the EU. This is currently determined under Regulation (EC) 593/2008, Rome I and Regulation (EC) 864/2007, Rome II. The Practice Note summarises the UK’s and EU’s respective positions and considers the likely potential outcomes as the UK leaves the EU. It also considers potential issues which may arise when the UK leaves the EU and potential regimes which may assist in determining the applicable law. Finally, the Practice Note considers the drafting of an applicable law clause. Applicable law may also be referred to as the governing law.
For guidance on the implications of a no deal Brexit when dealing with applicable law, see Practice Note: No deal Brexit—applicable law.
For an understanding of how a deal or no deal position may be reached, the House of Commons Exiting the EU Committee report: The progress of the UK’s negotiations on EU withdrawal (June to
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