Brexit post implementation period—considerations for dispute resolution practitioners

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

  • Brexit post implementation period—considerations for dispute resolution practitioners
  • Definitions/abbreviations
  • Overall impact of IP completion day
  • General
  • Specific cross border considerations
  • Impact of IP completion day—EU law that will no longer be applied in the UK
  • Impact of IP completion day—EU law that becomes retained EU law
  • Relevance of Court of Justice decisions to the UK—after the implementation period
  • Impact of IP completion day—application of international conventions
  • Impact of IP completion day—application of laws of England and Wales
  • More...

Brexit post implementation period—considerations for dispute resolution practitioners

This Practice Note addresses the implications of the UK leaving the EU after the end of the implementation period, being 31 December 2020. This Practice Note considers the position in relation to proceedings involving civil and commercial matters. It explores the application of EU law and international conventions in the UK as well as specific considerations when dealing with considerations as to applicable law, jurisdiction, service of documents, taking of evidence, mediation, cross border process and recognition and enforcement of judgments. It is important to be aware that the impact will be felt not only in relation to EU Member States but also contracting states of the Lugano Convention 2007 (Iceland, Norway and Switzerland) and in some instances, contracting states of the Hague Convention on Choice of Court Agreements (Mexico, Montenegro and Singapore). This Practice Note considers the position in relation to proceedings involving civil and commercial matters. Specific rules apply when dealing with other forms of proceedings eg insolvency or family matters and these are outside the remit of this Practice Note.

For guidance on specific cross border issues discussed in this Practice Note, see:

Applicable law | Jurisdiction | Service of documents | Taking of evidence | Mediation | Cross border processes | Recognition and enforcement of judgments

Definitions/abbreviations

This Checklist uses a number of definitions and abbreviations as

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