Hague Convention on Choice of Court Agreements (jurisdiction and enforcement)—Brexit considerations
Produced in partnership with Cara North of Lipman Karas
Hague Convention on Choice of Court Agreements (jurisdiction and enforcement)—Brexit considerations

The following Dispute Resolution practice note produced in partnership with Cara North of Lipman Karas provides comprehensive and up to date legal information covering:

  • Hague Convention on Choice of Court Agreements (jurisdiction and enforcement)—Brexit considerations
  • Definitions
  • Accession of the UK and Gibraltar to the convention
  • Application of the convention to the UK—UK position
  • Time-line for implementation of the convention in the UK
  • Relevant UK legislation
  • UK—Private International Law (Implementation of Agreements) Act 2020
  • UK—Hague Convention and Choice of Court Agreements regulations, SI 2015/1644
  • UK—Civil Jurisdiction and Judgments (Hague Convention on Choice of Court Agreements 2005) (EU Exit) Regulations 2018, SI 2018/1124
  • What do these EU exit regulations cover?
  • More...

Definitions

This Practice Note uses the following definitions:

  1. Hague Convention—Convention on Choice of Court Agreements concluded on 30 June 2005 at The Hague

  2. ECA 1972—European Communities Act 1972

  3. EU(W)A 2018—European Union (Withdrawal) Act 2018

  4. EU(WA)A 2020—European Union (Withdrawal Agreement) Act 2020

  5. exit day—is defined in EU(W)A 2018, s 20

  6. implementation period—is defined in EU(WA)A 2020, s 1. ‘Implementation period’ is the UK’s preferred term. The EU’s preferred term for this period is the ‘transition period’. The two terms are used interchangeably in this Practice Note depending on the underlying reference cited

  7. IP completion day—is defined in EU(WA)A 2020, s 39 as 31 December 2020 at 11 pm

  8. PIL(IA)A 2020—Private International Law (Implementation of Agreements) Act 2020

  9. Withdrawal Agreement—is defined in the EU(WA)A 2020, s 39(1) as the agreement between the UK and the EU under Article 50(2) of the Treaty on European Union which sets out the arrangements for the UK’s withdrawal from the EU (as that agreement is modified from time to time in accordance with any provision of it). The withdrawal agreement was agreed between the UK and the EU on 17 October 2019, see: LNB News 17/10/2019 39—Brexit Bulletin—UK and EU announce a new Brexit deal. The Withdrawal Agreement (dated 24 January 2020) is available here

Accession of the UK and Gibraltar to the convention

The UK’s decision to leave the EU means that the UK will no longer

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