Lugano Convention 2007—application to the UK post IP completion day (jurisdiction)
Lugano Convention 2007—application to the UK post IP completion day (jurisdiction)

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

  • Lugano Convention 2007—application to the UK post IP completion day (jurisdiction)
  • Definitions
  • Application of the Lugano Convention 2007 to the UK post IP completion day—general
  • Application of the Lugano Convention 2007 to the UK post IP completion day—UK legislation
  • Proceedings commenced on or before 31 December 2020
  • Proceedings commenced on or after 1 January 2021
  • Application of the Lugano Convention 2007 to the UK post IP completion day—the UK as a third state

Lugano Convention 2007—application to the UK post IP completion day (jurisdiction)

This Practice Note considers the impact of the UK leaving the EU on the application of the Lugano Convention 2007 to determine jurisdictional disputes. From a UK perspective, this is dealt with by relevant domestic legislation, which includes transitional provisions. The implications of the UK becoming a third state in respect of the convention are also considered—the UK was a party to the Lugano Convention 2007 by virtue of its membership of the EU. The contracting parties to the convention are the EU, Denmark and relevant EFTA States, being Iceland, Norway and Switzerland.

For guidance on the position during the implementation period, see Practice Note: Brexit implementation period—jurisdiction [Archived].

For further relevant guidance on the effect of the UK’s departure from the EU when dealing with matters of jurisdiction, see: Brexit post implementation period—considerations for dispute resolution practitioners—Jurisdiction.

Definitions

This Practice Note using a number of definitions:

  1. European Communities Act 1972—ECA 1972

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

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

  4. exit day—is defined in EU(W)A 2018, s 20, as 31 January 2020 at 11 pm

  5. implementation period—is defined in EU(WA)A 2020, s 1 as the ‘transition or implementation period provided for by Part 4 of the withdrawal agreement and beginning with exit day and ending on IP completion day’. ‘Implementation period’ is the

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