Articles by author
Brexit and dispute resolution clauses: the options for finance parties
The extended debate about the impact of Brexit on the popularity of English law and English jurisdiction clauses in international commercial contracts intensified as the Brexit transition period came to an end at 11pm on 31 December 2020. The UK-EU’s new trade deal, struck on 24 December 2020, did not cover arrangements on civil justice and so, from 1 January 2021, amongst other changes in this area, the UK is now no longer bound by two core instruments in the field of private international law: the Recast Brussels Regulation and the Lugano Convention.1 These instruments concern the allocation of jurisdiction and the enforcement of judgments in the EU and, in relation to the Lugano Convention, in Switzerland, Iceland and Norway. In a further development, on 1 January 2021, the UK formally re-joined another international convention dealing with the allocation of jurisdiction and the enforcement of judgments, the 2005 Hague Convention on Choice of Court Agreements (the Hague Convention), as an independent sovereign state.
1 FEB 2021Cross-border enforcement of judgments in the post-Brexit age: a glimmer of light on the horizon?
This article considers whether Hague 2019 represents an attractive additional international convention for UK commercial litigants in cross-border disputes. It assesses the benefits and potential downsides – and the extent to which the convention will reverse the effects of Brexit in the civil justice sphere.
1 JAN 2023Hague 2019: extending the lifespan of asymmetric jurisdiction clauses?
In this article Sarah Garvey seeks to assess the potential opportunities and risks for finance parties on the UK’s accession to Hague 2019 and whether finance parties are likely to adapt their approach to drafting dispute resolution clauses as a result. The article also provides a high-level overview of key features of Hague 2019 and highlights areas for future dispute and debate.
1 FEB 2024
