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

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

  • Brexit—arbitration law and practice in England and Wales
  • Brexit—the implementation period and the EU-UK Trade and Cooperation Agreement
  • 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
  • Anti-suit injunctions in support of arbitration within the EU
  • Service of court documents within the EU
  • Brexit—impact on the recognition and enforcement of arbitration awards
  • Enforcement of domestic and international arbitration awards in England
  • Enforcement of English-seated arbitration awards in EU Member States
  • More...

This Practice Note considers key 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). This Practice Note also considers the relevance of the EU-UK Trade and Cooperation Agreement (TCA) for arbitration in England.

In summary, and as considered in greater detail below, the legal and practical impacts of Brexit on arbitration law and practice in England are (or 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 effects 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 and the EU-UK Trade and Cooperation Agreement

On exit day (ie 11 pm on 31 January 2020, as defined in section 20 of the European Union (Withdrawal) Act 2018 (EU(W)A 2018)), the UK ceased to be an EU Member State and lost its entitlement to participate in the political institutions and governance structures of the EU. In accordance with the transitional arrangements provided in Part 4 of the Withdrawal Agreement, exit day marked the commencement of an 11-month implementation period during which the UK was treated by the EU as a

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