Q&As

I understand that the UK and the EU Commission have taken conflicting stances to the application of the Hague Convention on Choice of Court Agreements after 31 December 2020 to the UK. What impact is this likely to have in UK proceedings?

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Published on LexisPSL on 16/12/2020

The following Dispute Resolution Q&A provides comprehensive and up to date legal information covering:

  • I understand that the UK and the EU Commission have taken conflicting stances to the application of the Hague Convention on Choice of Court Agreements after 31 December 2020 to the UK. What impact is this likely to have in UK proceedings?

I understand that the UK and the EU Commission have taken conflicting stances to the application of the Hague Convention on Choice of Court Agreements after 31 December 2020 to the UK. What impact is this likely to have in UK proceedings?

For the purposes of this Q&A we have assumed that the UK does not accede to the Lugano Convention. If the UK does become party to the Lugano Convention from 1 January 2021 (or shortly thereafter), UK judgments may be enforceable in EU Member States under that convention and the Hague Convention on Choice of Court Agreements (the Convention) will be much less significant in this context.

The position of the UK government, as set out in the Private International Law (Implementation of Agreements) Act 2020, is that the provisions in the Convention will continue to apply to the UK post IP completion day without interruption. While this will mean that the UK can find that it has jurisdiction under the convention for agreements that pre-date 1 January 2021, this is contrary to the position as set out in the EU Notice to Stakeholders dated 27 August 2020 (EU Notice 2020). That document states the EU Commission’s view that the convention will only apply to exclusive jurisdiction agreements in favour of UK courts if they are concluded after the convention enters into force for

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