State to state dispute resolution in the UK Government’s White Paper: arbitration with a potential role for the CJEU

The post below was first published on our Arbitration blog

The White Paper published yesterday, “The Future Relationship between the United Kingdom and the European Union”, includes the UK Government’s proposal for the resolution of disputes between the UK and the EU under what the UK Government views as an “Association Agreement”. This Association Agreement would form the institutional framework for the relationship, with a number of separate agreements (the majority falling within this institutional framework), each covering different elements of economic, security and cross-cutting cooperation.

Under the institutional framework there would be a UK-EU Governing Body, and under that Governing Body and answerable to it, a Joint Committee which would be responsible for the effective and efficient administration of the agreements. The Joint Committee, “through regular and structured dialogue”, would seek to prevent disputes arising, or otherwise play a role in resolving them.

The White Paper emphasises the potential for resolution of disputes through dialogue and non-formal means. However, it also outlines a potential dispute resolution process to ensure that the obligations contained in the institutional framework and agreements can be enforced if needed.

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Intellectual Property and Cyber Security issues considered in UK Government White Paper on the future UK-EU relationship

The post below was first published on our Intellectual Property blog

The UK Government’s White Paper detailing its proposal for the future relationship between the UK and the EU (published on 12 July 2018) includes a limited number of proposals relating to intellectual property and cyber security as follows:

  • The UK intends to explore staying in the Unified Patent Court (UPC) and Unitary Patent system post-Brexit. The UK will work with the member states that have signed up to the UPC Agreement to ensure that the UPC Agreement can continue on a firm legal basis;
  • Arrangements on future co-operation on intellectual property are recognised as important to provide confidence and security to rights holders operating in and between the UK and the EU;
  • The UK and EU will need to continue to co-operate on cyber security to counter cyber threats;
  • The UK will establish its own Geographical Indications (GIs) scheme to provide continuous protection for UK GIs in the UK and protection for new GIs applied for by UK and non-UK applicants

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Filed under Consumer, Intellectual property, Pharma, UK-EU negotiations

Brexit White Paper reiterates aims for civil judicial cooperation

The post below was first published on our Litigation blog

The UK government has today published its White Paper detailing its proposal for the future relationship between the UK and the EU. The short section on civil judicial cooperation echoes the aims set out in the government’s Framework for the UK-EU Partnership published on 13 June (as outlined here).

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UK Government publishes White Paper on the future UK-EU relationship

The UK Government has today released its White Paper detailing its proposal for the future relationship between the UK and the EU. We will be publishing separately our analysis of the implications of the UK Government’s White Paper, including the impact for business.  This will include an update to our new online Brexit Legal Guide.

To read the full White Paper, please click here.

 

 

 

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Filed under Article 50, Aviation, Capital markets, Competition, Consumer, Data protection, Disputes, Employment, Energy, Environment, Financial services, Intellectual property, Pharma, Public international law, State aid, Tax, TMT, Trade, Transport, UK-EU negotiations

Comments on UK proposal for the future relationship with the EU

Last Friday, 6 July, it was understood that the UK Cabinet had finally united around a UK position on the desired future relationship with the EU. However, it now remains to be seen if the proposal survives the protests of “betrayal” heard from some quarters and the resignations of the Secretary of State for Exiting the EU (David Davis) and the Secretary of State for Foreign and Commonwealth Affairs (Boris Johnson) and whether it will allow the negotiations with the EU to progress constructively. The details are also expected to be elaborated in a White Paper this Thursday. Assuming the proposal survives, what can we already say about the future relationship that it describes?

In this note, we examine and comment on the main features of the proposal. Once the reactions come in we anticipate a further note on how the negotiations may evolve.

We will also be responding to key aspects of the White Paper as additions to our recently updated Brexit legal guide for business.

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Filed under Competition, Consumer, Employment, Environment, State aid, Tax, Trade, UK-EU negotiations

EIOPA issues second warning about the impact of Brexit on insurance contracts

EIOPA has published an opinion and FAQs emphasising the need for insurers and insurance intermediaries to explain to policyholders how Brexit will affect their insurance cover.

At first sight, EIOPA’s comments appear to reinforce concerns that political compromise cannot be expected on policies written (or performed) on a cross-border basis before the UK’s withdrawal from the EU (so-called “legacy contracts”). The particular issue for UK insurers is whether they will have the authorisation they need, post-Brexit, to continue to meet their obligations to EEA policyholders under these contracts. Closer examination of the words used by EIOPA may, however, mean that fewer policies are caught by this issue than has been assumed to date.

Our discussion of EIOPA’s latest opinion can be found here.

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Filed under Financial services, Insurance

Brexit 9 months to go: Brexit Legal Guide

As business makes increasingly vocal calls for legal certainty we are pleased to launch this updated Brexit Legal Guide. The new online guide will be regularly updated as the legal impact of Brexit evolves. Forthcoming updates will include reaction to the UK Government’s White Paper on its proposals for the future EU-UK relationship (expected week of 9 July).

The launch of our updated Brexit Legal Guide comes:

  • as the key piece of UK domestic Brexit legislation, the (European Union) Withdrawal Act, passed into law – almost a year after it was introduced
  • on the day the key June EU Council begins – which will attempt to make progress on finalising the crucial draft Withdrawal Agreement

To read the full guide, please click here.

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Filed under Aviation, Banking & asset management, Capital markets, Competition, Contract, Corporate, Data protection, Disputes, Employment, Energy, Financial services, Insurance, Intellectual property, Real estate, State aid, Tax, TMT, Trade

Agreement reached in principle on Brexit transitional provisions for jurisdiction and enforcement of judgments

The post below was first published on our Litigation blog

On 19 June, the UK and EU negotiators published a joint statement outlining the progress made on the draft Withdrawal Agreement since it was last published in March 2018. The joint statement confirms that agreement has been reached in principle on the provisions relating to jurisdiction and enforcement of judgments, under article 63 of the draft Withdrawal Agreement. This means that, assuming the Withdrawal Agreement is ultimately finalised and put into effect, current rules on both jurisdiction and enforcement will apply where proceedings are commenced before the end of the transition period (31 December 2020).

Disappointingly, however, there is no provision for the current rules on either jurisdiction or enforcement to apply where a jurisdiction agreement was entered into before the end of the transition period, if proceedings are commenced only after that date. Continue reading

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Joint Statement on the progress made on the UK-EU Withdrawal Agreement negotiations published

The UK and the EU published their Joint statement on Withdrawal Agreement of 19 June 2018 outlining the progress made by the negotiators of the European Union and the United Kingdom on the draft Withdrawal Agreement since its latest publication on 19 March 2018.

Please, click here to read the full document.

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Filed under Article 50, UK-EU negotiations

THE BREXIT NEGOTIATIONS – THE VIEW FROM BRUSSELS ON DEVELOPMENTS IN June 2018

The Brexit debate often looks different when viewed from Brussels rather than from London. That Brussels perspective however is important for businesses to keep in mind and therefore we publish a monthly view from our Brussels office on recent developments and the state of the negotiations.

In this View from Brussels we comment on parallel developments that have taken place in the international arena.  Brexit will not only impact the trade relations between the UK and the EU.  It will also have important consequences for the trade relations of both the UK and the EU with third countries with which they are bound through numerous free trade agreements (“FTAs”) as well as the WTO Agreement.  This briefing considers the roll-over of existing free trade agreements and the disentangling of the UK from the EU membership of the WTO.

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Filed under Trade, UK-EU negotiations