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Tuesday, February 16, 2021
Just days before the end of the Brexit transition period on 31 December 2020 a trade deal was agreed to between the United Kingdom (UK) and European Union (EU), saving the UK from many of the expected disruptions of a no-deal Brexit. However, the new EU-UK Trade and Cooperation Agreement does not consider cross-border disputes.
This article considers the new post-Brexit landscape in relation to three of the main issues when it comes to cross-border dispute resolution: (1) governing law, (2) choice of forum, and (3) enforcement of judgments.
GOVERNING LAW
The governing law or applicable law of an agreement is the substantive law by which that agreement will be interpreted in the event of a dispute. The applicable law can significantly affect the outcome of any dispute, as it governs matters including the terms of any contract, breach of those terms, and remedies for breach. Before the end of the transition period, the UK courts applied EU Reg
Tuesday, January 26, 2021
After the political and constitutional upheaval of the last four years that has been Brexit, a trade deal the EU-UK Trade and Cooperation Agreement was finally reached between the United Kingdom (UK) and the European Union (EU) on December 24, 2020, just days before the deadline when the UK was set to crash out of all EU treaties.
Amongst the rules about how much fish a French fisherman can catch off the coast of Scotland and whether a vaccine approved in Denmark can be used in the UK, a number of well-meaning pronouncements were agreed regarding the use of personal data and its flow across borders.