Brexit—drafting boilerplate clauses [Archived]

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

  • Brexit—drafting boilerplate clauses [Archived]
  • Definitions clause
  • Definition of ‘Brexit’
  • Definition of ‘Territory’
  • Interpretation clause
  • Retained EU law and cross-references to EU instruments
  • Governing law (or applicable law or choice of law) clause
  • Jurisdiction clause
  • Arbitration clause

Brexit—drafting boilerplate clauses [Archived]

ARCHIVED: This Practice Note has been archived and is not maintained. It considers the impact of Brexit on contractual boilerplate clauses in advance of IP completion day. For information on the impact of IP completion day on boilerplate clauses, see Practice Note: What does IP completion day mean for contract clauses?

The United Kingdom’s withdrawal from the European Union on exit day, the implementation period, and the period beyond each have a number of implications for the drafting, negotiation and enforcement of contracts governed by English law. This Practice Note considers the impact of Brexit on boilerplate clauses specifically.

‘Boilerplate’ is the term used to describe the clauses that are included in an agreement to deal with the mechanics of how it works and those legal points that are relevant to most transactions. They are generally found at the beginning and the end of an agreement. Boilerplate clauses are often thought of as standard, miscellaneous provisions, but this is a very dangerous view to adopt. As a boilerplate clause will deal with issues such as the interpretation, validity and enforcement of an agreement, it can have a significant impact on the other clauses in an agreement and on an agreement as a whole. It is important that any such impact is intentional and not the result of a boilerplate clause being included in

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