ARCHIVED: This Practice Note has been archived and is not maintained. This Practice Note considers key actual and potential legal and practical consequences of the UK’s withdrawal from the EU (Brexit) for arbitration law and practice in England and Wales (England and English are used as a convenient shorthand). This Practice Note also considers the relevance of the EU-UK Trade and Cooperation Agreement (TCA) for arbitration in England. In summary, and as considered in greater detail below, the legal and practical impacts of Brexit on arbitration law and practice in England are (or are likely to be) minimal with few, if any, adverse consequences for practitioners and London as a/the leading seat of international arbitration globally. Nevertheless, the short-, medium- and long-term effects of Brexit on the arbitration market in London and England cannot be separated completely from the overall impact of the UK’s withdrawal from the EU. Brexit—the implementation period and the EU-UK Trade and Cooperation Agreement On exit day (ie 11 pm on 31 January 2020, as defined in

This Practice Note sets out the background to the respective positions of the UK and EU. It is for academic interest only. This Practice Note is archived. Background Civil judicial co-operation—UK and EU approaches Following the EU referendum, the emphasis in respect of civil judicial co-operation focused on agreeing specific transitional arrangements, with the intention being to provide some degree of legal certainty for the key areas of law and practice as the UK left the EU. The EU and UK primarily set out their respective positions on the above issues in a number of documents and subsequently issued a joint report on progress. There are provisions in the political declaration to deal with civil justice. Party Date Title of document EU 12 July 2017 EU 12 July 2017 UK 22 August 2017 UK 23 August 2017 UK and EU 8 December 2017 UK/EU 17 October 2019 Political declaration setting out the framework for the future relationship between the European union and the United

ARCHIVED: This Practice Note has been archived and is not maintained. Background This Practice Note provides a summary of how the regulation of chemicals is affected by Brexit. Further details are covered in the additional Practice Notes referred to for each chemicals regime. Withdrawal from the EU 11 pm (GMT) on 31 December 2020 marked the end of the Brexit transition/implementation period entered into following the UK’s withdrawal from the EU. At this point in time (referred to in UK law as ‘IP completion day’), key transitional arrangements came to an end and significant changes began to take effect across the UK’s legal regime. EU Energy and Environment Sub-Committee inquiry into the future of chemicals The Environmental Audit Committee (EAC) launched an inquiry into the future of environmental law and policy following the result of the EU referendum, focussing on Regulation (EC) 1907/2006 of the European Parliament and of the Council concerning the registration, evaluation, authorisation and restriction of chemicals (EU REACH). The EU Energy and Environment Sub-Committee published its report, Brexit: chemicals regulation

ARCHIVED: This Practice Note has been archived and is not maintained. It considers the impact of Brexit on consumer protection taking into account developments up to 6 January 2021. For information on the impact of IP completion day on consumer protection and developments in this area, see Practice Note: What does IP completion day mean for consumer protection? This Practice Note considers the impact of Brexit on consumer protection, particularly in the context of the regulation of business-to-consumer (B2C) contractual relationships and trading practices, enforcement and consumer remedies. Consumer protection law in the UK derives partly from EU law and partly from UK-specific law. In many ways, Brexit has had less of an immediate impact in the consumer protection space because there is regulatory fragmentation across the EU, and EU Member States are familiar with having to consider specific requirements in cross-border situations. This does not, however, mean that there has been no impact for consumers (and consequently for businesses). This Practice Note considers the following: • Background • Changes to consumer protection • Changes to consumer

ARCHIVED: This Checklist has been archived and is not maintained. For information on the impact of IP completion day on consumer protection and developments in this area, see Practice Note: What does IP completion day mean for consumer protection? This Checklist sets out some of the key issues to be considered by businesses in respect of Brexit and its impact on consumer protection in the event the ‘no deal’ consumer regulations apply after the implementation period, although much of it will be relevant to businesses irrespective of the final position. It should be used in combination with Practice Note: Brexit—consumer protection [Archived], which considers the impact of Brexit on consumer protection, particularly in the context of the regulation of business-to-consumer (B2C) contractual relationships and trading practices, enforcement and consumer remedies. It considers the key issues, steps taken by the government leading up to and after exit day (including discussion on the ‘no deal’ consumer regulations referred to below), the impact on UK consumers and businesses, and key developments. This Checklist

ARCHIVED: This Checklist has been archived and is not maintained. It considers the potential consequences of Brexit and signposts resources to prepare contracts for Brexit in advance of IP completion day. For information on the impact of IP completion day on contracts and more generally on commercial law, see Practice Notes: What does IP completion day mean for contract clauses? and What does IP completion day mean for Commercial? This Checklist of contract clauses and resources sets out the potential consequences of Brexit and considers the impact on commercial contracts. It sets out the considerations which should be given to a contract and the contractual clauses or resources which may help. This Checklist can be used when assessing existing contractual arrangements that may require attention to ensure continuity of commercially viable relationships following exit day and when negotiating contracts that are required to be fit for purpose beyond the end of the implementation period. Key commercial resources Our Brexit contract management toolkit [Archived] provides an overview of the key Brexit risk management considerations for contracts

ARCHIVED: This Practice Note has been archived and is not maintained. It analyses the potential impact of Brexit on contractual rights and obligations for a business and considers the implications of Brexit for contract risk management in advance of IP completion day. For information on the impact of IP completion day on contracts and more generally on commercial law, see Practice Notes: What does IP completion day mean for contract clauses? and What does IP completion day mean for Commercial? This Practice Note analyses the impact of Brexit on the contractual rights and obligations of businesses and considers the implications of Brexit for contract risk management. It provides detailed guidance on assessing the contractual risk to businesses posed by Brexit and how to carry out a Brexit risk-management contract audit and contract review. See also: Brexit risk management: contract audit—checklist [Archived]. For the purpose of this Practice Note, unless expressly indicated otherwise, all references to: • ‘exit day’ are to that term as defined in the European Union (Withdrawal) Act 2018 (EU(W)A 2018), and which occurred

ARCHIVED: This Practice Note has been archived and is not maintained. This Practice Note explores the effect of Brexit on UK cybersecurity with a particular focus on the network and information systems legislation. It covers: • overview of cybersecurity regulation in the UK prior to the end of the implementation period • background to Directive (EU) 2016/1148, the Network and Information Systems Directive (the NIS Directive) and UK implementation • general impact of Brexit on UK implementation of the NIS Directive • impact of the end of the transition period on relevant digital service providers (RDSPs) • an overview of the impact on qualified trust services under Regulation (EU) 910/2014 (the eIDAS Regulation) • impact of the end of the transition period on UK cybersecurity cooperation with the EU The significance of cybersecurity has been highlighted in recent years by high-profile attacks affecting businesses and public services. These involved a diverse range of attack methods, motivations and targets as explored further in Cybersecurity, threats and risk management—overview. The EU’s recognition of the importance of ensuring Member States’

This Practice Note lists Q&As covering a range of issues concerning the implications of the UK’s departure from the EU that may be of interest to dispute resolution (DR) lawyers. Since 1 January 2024, retained EU law has been known as ‘assimilated law’, in accordance with section 5 of the Retained EU Law (Revocation and Reform) Act 2023 (REUL(RR)A 2023). References to retained EU law in any of these Q&As should now be read as references to assimilated law and associated terms. For information, see Practice Note: Assimilated law. Impact of Brexit on English court claims and procedures Date Q&A Brief Description 31/05/2023 Following Brexit how difficult currently is it to enforce an English court judgment in Belgium and what is the procedure to follow? This Q&A considers the different procedures for enforcing an English court judgment in Belgium. Which one applies will be dependent on the date on which the substantive proceedings were commenced. 26/03/2021 To what extent are references in contracts to UK legislation and EU legislation affected by the European Union (Withdrawal) Act

ARCHIVED: This Practice Note has been archived and is not maintained. This Practice Note focuses on the impact of the end of the implementation period on facilities agreements. It discusses (or links to detailed information on): • the position of the Loan Market Association (LMA) on changes to legislative references in its documents • the general implications of the loss of passporting rights and the implications for loan agreements • governing law and jurisdiction clauses in facility agreements • how to approach references to EU law in facility agreements • whether contractual recognition of bail-in language needs to be inserted to reflect Article 55 of Directive 2014/59/EU, the Bank Recovery and Resolution Directive (BRRD) • implications for representations, undertakings, events of default and increased costs clauses (including sanctions and centre of main interests (COMI) representations and the material adverse change event of default), and • tax implications Practice Note: What does IP completion day mean for lending lawyers? [Archived] considers the impact for lending lawyers of IP completion

ARCHIVED: This Checklist has been archived and is not maintained. For up to date guidance, see: Governing law and jurisdiction clauses in commercial contracts―checklist. Brexit: As of exit day (11pm on 31 January 2020) the UK is no longer an EU Member State. However, in accordance with the Withdrawal Agreement, the UK has entered an implementation period, during which it continues to be subject to EU law. This has an impact on this Checklist. For further guidance, see Brexit Bulletin—key updates, research tips and resources and Brexit collection. This Checklist considers the implications of Brexit on drafting and negotiating dispute resolution clauses. It considers the position of applicable law clauses (also referred to as governing law clauses or choice of law clauses), jurisdiction clauses, the enforcement of judgments and the service of documents. Issue and current position Drafting and negotiation implications Applicable law During the implementation period During the implementation period, when determining which law is applicable when resolving a dispute which involves EU Member States, consideration needs to be given to two EU regulations,

ARCHIVED: This Practice Note has been archived and is not maintained. It considers the impact of Brexit on contractual boilerplate clauses in advance of IP completion day. For information on the impact of IP completion day on boilerplate clauses, see Practice Note: What does IP completion day mean for contract clauses? The United Kingdom’s withdrawal from the European Union on exit day, the implementation period, and the period beyond each have a number of implications for the drafting, negotiation and enforcement of contracts governed by English law. This Practice Note considers the impact of Brexit on boilerplate clauses specifically. ‘Boilerplate’ is the term used to describe the clauses that are included in an agreement to deal with the mechanics of how it works and those legal points that are relevant to most transactions. They are generally found at the beginning and the end of an agreement. Boilerplate clauses are often thought of as standard, miscellaneous provisions, but this is a very dangerous view to adopt. As a boilerplate clause will deal with issues such as the