Contract

DISPUTE RESOLUTION CLAUSES: PUTTING YOURSELF IN THE BEST POSITION

The post below was first published on our Litigation blog All too often, dispute resolution clauses may be treated as part of the boilerplate: the usual wording thrown in, with perhaps little thought for the particular circumstances. But the question of how … Continue reading

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Filed under ADR, Contract, Disputes

Enforcement and dispute resolution under the Withdrawal Agreement and any future relationship agreement: no role for the CJEU….or is there?

The post below was first published on our Arbitration blog. On its face, the thrust of the UK Government’s Future Partnership Paper on Enforcement and Dispute Resolution (the Paper), published on 23 August, is to rule out the jurisdiction of … Continue reading

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Filed under Arbitration, Contract, Disputes, Public international law, UK-EU negotiations

UK clarifies negotiating position on choice of law, jurisdiction and enforcement of judgments post-Brexit

Yesterday (22 August) the UK Government published a paper which outlines its position on the extent to which current EU rules on choice of law, jurisdiction and enforcement of judgments should continue to apply as between the UK and the … Continue reading

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Filed under Contract, Disputes, UK-EU negotiations

EU clarifies negotiating position on choice of law, jurisdiction and enforcement of judgments post-Brexit

Yesterday (29 June) the European Commission published its Position Paper on Judicial Cooperation in Civil and Commercial Matters which outlines its position on the extent to which current EU rules on choice of law, jurisdiction and enforcement of judgments should … Continue reading

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Filed under Contract, Disputes, UK-EU negotiations

Article published – Choice of law and jurisdiction post-Brexit: business as usual so far?

The post below was first published on our Litigation blog Recent reports from Parliament have identified the problems and risks that could arise post-Brexit if the current rules on choice of law and jurisdiction no longer apply, and there are no acceptable replacements negotiated. But are … Continue reading

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ENGLISH LAW CONTRACTS POST-BREXIT: WHAT CHANGES SHOULD COMMERCIAL PARTIES EXPECT?

The post below was first published on our Litigation blog The core principles of English contract law, such as interpretation of contracts and remedies for breach, will not be affected by Brexit and the key attractions of English law will remain. Brexit … Continue reading

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HAGUE CONVENTION ON CHOICE OF COURT AGREEMENTS WILL APPLY TO SINGAPORE FROM 1 OCTOBER 2016

The post below was first published on our Litigation blog The Convention aims to increase the effectiveness of jurisdiction clauses and make judgments obtained under those clauses easier to enforce. Currently the Convention applies only as between Mexico and the EU member … Continue reading

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ARTICLE PUBLISHED – ENFORCING JUDGMENTS IN THE EU POST BREXIT

The post below was first published on our Litigation blog The UK’s anticipated exit from the EU will have implications for many areas, including the enforcement of English court judgments across the EU. The ease (or otherwise) with which judgments may be … Continue reading

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Filed under Contract, Disputes