The following Dispute Resolution guidance note Produced in partnership with Anneliese Day QC of Fountain Court Chambers and Thomas Ogden of 4 New Square provides comprehensive and up to date legal information covering:
Brexit: The UK's departure from the EU on exit day ie Friday 31 January 2020 has implications for practitioners considering:
which applicable law to apply—for more information, see: Cross border considerations—checklist—Applicable law—Brexit specific
which courts have jurisdiction to determine a dispute—for more information, see: Cross border considerations—checklist—Jurisdiction—Brexit specific
cross border mediation—for more information, see: Cross border considerations—checklist—Settlement—Brexit specific
This Practice Note refers to the following provisions:
FLPA 1984—Foreign Limitation Periods Act 1984
LA 1980—Limitation Act 1980
AA 1996—Arbitration Act 1996
PIL(MP)A 1995—Private International Law (Miscellaneous Provisions) Act 1995
Rome I—Regulation (EC) No 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I)
Rome II—Regulation (EC) No 864/2007 of the European Parliament and of the Council of 11 July 2007 on the law applicable to non-contractual obligations (Rome II)
Rome Convention—Convention on the law applicable to contractual obligations (Rome Convention)
Mediation Directive—Directive 2008/52/EC of the European Parliament and Council on mediation in civil and commercial matters
Directive on consumer ADR—Directive 2013/11/EU of the European Parliament and of the Council of 21 May 2013 on alternative dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Directive on consumer ADR)
Regulation on consumer ODR—Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21
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