The following Dispute Resolution practice note provides comprehensive and up to date legal information covering:
ARCHIVED: This Practice Note has been archived and is not maintained.
This Practice Note has been produced in partnership with Guy Pendell, Liz Williams and Kushal Gandhi of CMS.
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 [Archived].
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 are signatories to the Lugano Convention 2007, ie Iceland, Norway and Switzerland—Liechtenstein, the fourth EFTA State, opted out of the convention.
Exit day is defined by section 20 of the European Union (Withdrawal) Act 2018 as amended. Unless otherwise stated, Brexit SIs introduced during the withdrawal period which are expressed as coming into force on (or immediately before or after) exit day are to be read instead as entering into force on (or immediately before or after) IP completion day. For now, it is anticipated that these Brexit
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