No deal Brexit—jurisdiction (UK and the Lugano Convention)
No deal Brexit—jurisdiction (UK and the Lugano Convention)

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

  • No deal Brexit—jurisdiction (UK and the Lugano Convention)
  • Parties to the Lugano Convention
  • Impact of Brexit—general
  • UK court—defendant domiciled in Iceland, Norway or Switzerland
  • UK court—jurisdiction agreement/choice of court agreement
  • UK court—parallel proceedings in Iceland, Norway or Switzerland

This Practice Note has been produced in partnership with Guy Pendell, Liz Williams and Kushal Gandhi of CMS.

STOP PRESS: This Practice Note is under review to consider the impact of the UK and the EU entering into the Withdrawal Agreement. The Withdrawal Agreement provides for a transition or implementation period commencing on 31 January 2020 and ending on IP Completion day. For guidance on the implications for jurisdiction during the implementation period, see Practice Note: Brexit implementation period—jurisdiction. Note that the UK has stated its intention to accede to the Lugano Convention and Norway, Iceland and Switzerland have stated their support of this intention, see: Norway, Iceland and Switzerland support UK intent to accede to Lugano Convention—LNB News 28/01/2020 80.

This Practice Note covers the situation where the UK and the EU do not reach an agreement on jurisdictional matters following the UK leaving the EU. During the implementation period that starts on exit day ie the day the UK leaves the EU, the provisions in the withdrawal agreement will apply. For guidance on the implementation period and the impact of the withdrawal agreement on jurisdiction, see Practice Note: Brexit implementation period—jurisdiction.

This Practice Note considers the effect of the UK leaving the EU on exit day without a deal on jurisdictional matters in UK court proceedings involving those European Free Trade Association (EFTA) States that

Popular documents