[co-author: Genevieve Poirier]
Takeaways
Key international agreements governing jurisdiction and enforcement in EU-connected civil cases fell away in the UK at the end of 2020.
In negotiations, parties need to be aware where the gaps are — and what can be done to address them, including looking to old solutions such as the 2005 Hague Convention and English common law.
Existing agreements may need to be updated in order to qualify under the remaining (Hague) Convention.
If the UK rejoins the Lugano Convention, as hoped, that will fill some of the gaps.
In the interim, the English courts are well equipped to resolve matters of jurisdiction and enforcement using the tried-and-tested methods that have continued to be developed and applied outside EU law.