Brexit—arbitration law and practice in England and Wales
Brexit—arbitration law and practice in England and Wales

The following Arbitration guidance note provides comprehensive and up to date legal information covering:

  • Brexit—arbitration law and practice in England and Wales
  • Brexit—the implementation period
  • Where can I find general information and guidance on Brexit?
  • Brexit—what are the key areas of focus for arbitration practitioners?
  • Brexit—impact on English arbitration law
  • Brexit—impact on the recognition and enforcement of arbitration awards
  • Brexit—choosing English law to resolve substantive disputes and to govern arbitration agreements
  • Brexit—drafting jurisdiction agreements
  • Brexit—impact on London as a seat of arbitration
  • Brexit—VAT on supply of services
  • more

This Practice Note considers the anticipated actual and potential legal and practical consequences of the UK’s withdrawal from the EU (Brexit) for arbitration law and practice in England and Wales (England and English are used as a convenient shorthand).

In summary, and as considered in greater detail below, the legal and practical impacts of Brexit on arbitration law and practice in England are likely to be minimal with few, if any, adverse consequences for practitioners and London as a/the leading seat of international arbitration globally. Nevertheless, the short-, medium- and long-term impacts of Brexit on the arbitration market in London and England cannot be separated completely from the overall impact of the UK’s withdrawal from the EU.

Brexit—the implementation period

As of exit day (ie 11:00 pm on 31 January 2020, as defined in section 20 of the European Union (Withdrawal) Act 2018 (EU(W)A 2018)), the UK is no longer an EU Member State. However, in accordance with the transitional arrangements provided in Part 4 of the Withdrawal Agreement, the UK has entered an implementation period. During this period, the UK continues to be treated by the EU as a Member State for many purposes, though it will not participate in the political institutions and governance structures of the EU (except to the extent agreed). The UK must continue to adhere