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No-Deal Brexit for Dispute Resolution? | K&L Gates LLP

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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 transitio ....

New York , United States , United Kingdom , Bruxelles Capitale , Northern Ireland , City Of , Kingdom Of Norway , Kl Gates , Lugano Convention , European Free Trade Association , Hague Convention , Amendment Of The Convention , Etihad Airways , International Law , Choice Of Forum , Recast Brussels Regulation Lugano Convention Hague , Ministry Of Justice , Law Society Of England , European Union , York Convention , Brusselsi Convention , United Kingdom Trade , Cooperation Agreement , Recast Brussels Regulation , Court Agreements , Bilateral Conventions ,

No Trade-Deal Brexit for Dispute Resolution?

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 ....

New York , United States , United Kingdom , Bruxelles Capitale , Northern Ireland , City Of , Kingdom Of Norway , Lugano Convention , European Free Trade Association , Hague Convention , Amendment Of The Convention , Etihad Airways , International Law , Recast Brussels Regulation Lugano Convention Hague , Ministry Of Justice , Law Society Of England , European Union , York Convention , Brusselsi Convention , United Kingdom Trade , Cooperation Agreement , Recast Brussels Regulation , Court Agreements , Bilateral Conventions , Law Society , Foreign Judgments ,