Brexit—jurisdiction [Archived]

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

  • Brexit—jurisdiction [Archived]
  • Current position
  • Position under EU(W)A 2018
  • No deal—no transition period
  • Transition period applies
  • Draft Withdrawal Agreement dated 14 November 2018
  • Previous drafts of the withdrawal agreement
  • After any transition period
  • Potential jurisdictional regimes
  • Hague Convention on Choice of Court Agreements
  • More...

Brexit—jurisdiction [Archived]

ARCHIVED: This Practice Note has been archived and is not maintained. 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 that may arise when the UK leaves the EU. It also considers potential regimes that 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 in disputes involving EU Member States consideration needs to be given to Regulation (EU) 1215/2012, Brussels I (recast). Regulation (EC) 44/2001, Brussels I, the precursor of this regulation, has limited application when determining whether

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