Observations on the UK Law Commission s Call for Evidence on
Smart Contracts
Introduction
In November 2019, the UK Jurisdiction Taskforce
( UKJT ), a subsidiary of the UK s LawTech Delivery
Panel, published a Legal Statement on the Status of Cryptoassets
and Smart Contracts (the Legal Statement ). In our
previous article entitled UK Jurisdiction Taskforce Publishes
Legal Statement on Status of Cryptoassets and Smart
Contracts Observations from Ireland , we discussed the
Legal Statement with reference both to its statements and its
potential implications for those in Ireland with an interest in its
subject matter.
1 Following the publication of
the Legal Statement, the UK Government asked the Law Commission of
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Parties usually include a jurisdiction clause in their agreement
to decide on which national court(s) shall have the authority to
determine a dispute. In credit agreements asymmetric clauses are
often used. Asymmetric jurisdiction clauses are characterized by
giving the parties non-symmetric options regarding jurisdiction. In
a credit agreement the creditor is typically given the right to
initiate proceedings in any court of any competent jurisdiction,
while the borrower may only initiate court proceedings in the one
jurisdiction specified in the relevant jurisdiction clause. This
chair of the firm’s international arbitration practice
My father undertook an undergraduate law degree when he was in his fifties and encouraged me to consider reading law at university. I was then fortunate enough to be taught at Oxford by Professor Ed Peel, who is a brilliant teacher. He helped me develop a genuine pleasure in unpicking legal problems and inspired me to believe that I might have the aptitude to succeed in a career in law.
Jenner & Block is my third job. I taught for a year at the Dragon School in Oxford and then was at White & Case for 16 years.
Post-Brexit pinch points in UK-Ireland cross-border disputes
Out-Law Analysis | 31 Dec 2020 | 12:06 pm | 6 min. read
Brexit will cause disputes related to trade between the UK and Ireland, and the Brexit process will make those disputes more complicated in three main areas: the service of proceedings; jurisdiction, and enforcement.
UK and Ireland trade volumes are high: UK exports to Ireland in 2019 were worth £38 billion (€42bn), and Irish exports to the UK were worth £24bn (€27bn). Understanding how disputes will work following the end of the transition period on 31 December 2020 will be vital for many companies.
New customs checks and paperwork; delays, and rule of origin issues will disrupt many supply chains and will lead to disputes. The most important issues to understand when engaging in dispute resolution after the transition period are: the service of court proceedings between the UK and Ireland; determining which country s courts will have jurisdic
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As the 31 December 2020 rapidly approaches, marking the end of
the transition period for the UK s departure from the European
Union (EU), we look at some of the issues around choice of law and
jurisdiction clauses for commercial parties contracting with
entities in EU member states.
When considering choice of law and jurisdiction clauses you are
looking at the law that is going to govern a contract and the
jurisdiction for disputes, ie which courts are entitled to hear a
dispute and, most importantly, considerations around the effective