EU Referendum

What Impact Will Brexit Have On Dispute Resolution?

If you’re negotiating a contract, you should think carefully about your dispute resolution and governing law clauses. These clauses should be drafted to make clear which courts are to have jurisdiction in the event of a dispute and which law is to govern the contract.

If you already have a court judgment which needs to be enforced in another EU state, you should do so as soon as possible. This is to make sure that you take advantage of the enforcement mechanism set out in the Brussels Regulation, addressing issues of jurisdiction and enforcement.

Brexit could mean that the enforcement mechanism under the Brussels Regulation no longer applies, affecting the way judgments are enforced in EU member states. We can advise you on what this means for you and your business.

Proceedings issued in the six months after the EU referendum may not be immediately affected, as the relevant EU rules will continue to apply. However, larger cases could take many months to settle or reach the judgment stage. The position may become more uncertain for some types of claim (for example, those based on the EU competition regime) which are based on rules that become part of the Brexit negotiations.

Other types of dispute resolution clause – for example, arbitration – won’t be affected by Brexit. Our lawyers can advise you on the best method of dispute resolution for your business needs.

If you’re about to bring a case or know you might become a defendant in a case, contact our commercial litigation specialists for strategic advice on how to reduce the risks post-Brexit.

For more information, please phone 0370 1500 100 or send us an email.

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Frequently Asked Questions

Will Britain Still Be Part Of The Transatlantic Trade And Investment Partnership?

The Transatlantic Trade and Investment Partnership (TTIP) is a trade agreement currently under negotiation between the EU and the United States... Read more

What Could Be The Commercial Market Impact To The UK Economy And Inward Investment?

It’s currently unclear what effect Brexit will have on the British economy. However, our lawyers can offer expert commercial advice... Read more

What Will Be The Impact On Trade Mark Law Now We Have Decided To Leave The EU?

UK businesses need to be aware that a number of changes could happen in relation to intellectual property (IP), as our current laws are largely driven by the EU... Read more

How Long Will Any Changes To The Law Take?

As Britain has decided to leave the EU, our laws in a number of areas will be changing. Despite this, there won’t be any immediate... Read more

I Have Existing EU Staff And Want To Recruit More – What Should I Do?

Now we’ve voted to leave the EU, the free movement of workers will certainly be affected. However, changes to legislation are likely to be gradual... Read more

What Will Brexit Mean For Data Protection Laws?

As with so many legal issues relating to Brexit the position relating to data protection is not entirely clear. Data protection in the UK is undergoing... Read more

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