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

  • Brexit—jurisdiction
  • Current position
  • Position under EU(W)A 2018
  • No deal—no transition period
  • Transition period applies
  • After any transition period
  • Potential jurisdictional regimes
  • Drafting a jurisdiction clause
  • Further general reading

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 dealing with jurisdiction of disputes will be a key issue for UK practitioners. This Practice Note considers the impact that Brexit will have on determining jurisdiction or understanding choice of court agreements when the UK leaves the EU. It considers the current position, as determined under Regulation (EU) 1215/2012, Brussels I (recast). It then summarises the UK’s and EU’s respective positions and considers the likely potential outcomes, based on the information available, for such issues. The Practice Note considers potential issues which may arise when the UK leaves the EU. It also considers potential regimes which may assist in determining the jurisdiction, being the Hague Convention on Choice of Court Agreements and the Lugano Convention 2007. Finally, it considers the drafting of a jurisdiction clause.

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 September 2018) at para [35] provides a useful flowchart.

Current position

When determining jurisdiction issues