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What does Brexit mean for dispute resolution in England and Wales?

What does Brexit mean for dispute resolution in England and Wales?
Published on: 18 July 2016
Published by: LexisPSL
  • What does Brexit mean for dispute resolution in England and Wales?
  • Do you consider that the result will impact parties’ choice of English law as their applicable law?
  • In the event that Rome I and Rome II are no longer applied at some point in the future, how may this affect a choice of English law? Would an express choice of English law be recognised by courts in the EU?
  • Do you consider that the result will impact parties choosing English jurisdiction clauses?
  • What impact will leaving the EU have on the enforcement of English judgments and is this likely to see a move towards arbitration clauses?
  • What role may the Hague Convention on Choice of Court Agreements play in this situation?
  • In the event that the Brussels I regime no longer applies, do you consider that we will see a resurgence of the English courts’ use of anti-suit injunctions when dealing with proceedings commenced in the EU in breach of an English jurisdiction clause?
  • What may be the potential impact on cases, where the jurisdiction of the court and applicable law was initially determined under EU law, which remain pending at the time when the UK’s membership of the EU comes to an end (on the assumption that neither the Rome or Brussels I regimes continue to apply)?
  • What impact with this have on serving proceedings in the EU Member States?

Article summary

Dispute Resolution analysis: Following the vote to leave the EU, Sarah Garvey, counsel and head of litigation knowhow and training, and Karen Birch, counsel, at Allen & Overy, assess the implications of Brexit for dispute resolution in the UK. or take a trial to read the full analysis.

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