Brexit Essentials: update on dispute resolution clauses

Assesses practical implications for parties to dispute resolution clauses of latest developments in Brexit negotiations. Considers governing law clauses, jurisdiction clauses and enforcement of judgments.

This briefing, an update to our November 2016 paper, looks at the likely effects of Brexit on commercial dispute resolution clauses and gives practical guidance to commercial parties seeking to identify and mitigate risks. We are, in summary, guardedly optimistic that key elements of the exiting EU civil justice co-operation regime can be retained post-Brexit. We consider in particular the nature of potential transitional arrangements with the EU27 and the Hague Convention on Choice of Court Agreements.


Brexit Essentials: update on dispute resolution clauses