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 clients turning away from English choice of law and jurisdiction clauses as a result?

Anna Pertoldi has published a post on Practical Law’s Dispute Resolution blog which outlines her impression that Brexit has not, to date, led to a general move away from English choice of law and jurisdiction clauses, and considers why that might be the case. Click here to read the post (or here for the Practical Law Dispute Resolution blog homepage).

EXITING THE EU – THE DIE IS CAST

On Wednesday 29 March 2017 the UK Prime Minister, Theresa May, gave notice under Article 50 of the Treaty on European Union (TEU) ("Article 50") of the UK’s intention to leave the EU. This means, almost certainly, that two years from now the UK will leave the European Union, some 46 years after becoming a Member State of the then "European Common Market" on 1st January 1973.

This is a decision of huge economic and political significance following the June 2016 Referendum in which voters in the UK by 52% to 48% voted to leave the EU. The impact on the future of the UK and of the rest of the EU cannot yet be known, and the notice is given early in a year of very significant political upheaval:

  • at least three of the original six Member States (Netherlands, France and Germany) have general elections;
  • the EU as a whole continues to face difficulties in dealing with the inflow of refugees and economic migrants from the Middle East and North Africa;
  • Greece and some other countries struggle with their participation in the Euro-zone;
  • there is a background of continued war in Syria and Iraq; and
  • there is a new US administration with radical policies.

To see the blog post in full, click here.

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HELPING FMCG BUSINESSES PLAN FOR A POST-BREXIT FUTURE

The post below was first published on our Intellectual Property blog

Businesses with interwoven supply chains across the EU and beyond have already felt the effects of a weaker pound, with increasing costs of sourcing raw materials and packaging leaving some organisations no choice but to inflate consumer prices. Combine this with the uncertainty of tariffs, access to skilled workers, and regulatory change businesses in the FMCG sector need to start preparing now to mitigate risks and seize opportunities in the post-Brexit landscape.

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Brexit—the future of state-to-state, investor-state and domestic dispute resolution

The post below was first published on our PIL blog

The Brexit White Paper

The much-anticipated Brexit White Paper, ‘The United Kingdom’s exit from and new partnership with the European Union’, was published on 2 February 2017. This post focuses on a subject that has to date received relatively little attention—what it has to say about the future of dispute resolution. In its Chapter 2 (‘Taking control of our own laws’), and Annex A, the White Paper contains perhaps a surprising amount on dispute resolution, in comparison to the text devoted to the other eleven of the UK government’s 12 stated principles.

In this blog post we review the White Paper with the aim of discerning so far as possible the potential future of dispute resolution for the UK. In particular, we consider how the UK government envisages, at this relatively early stage, that disputes will be resolved under new post-Brexit UK-EU agreements, and if and how UK businesses will be able to enforce their provisions. We also consider certain implications of the end to the Court of Justice of the European Union (CJEU)’s jurisdiction in the UK and the adoption of the acquis under the Great Repeal Bill.

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LAW CATCHES UP WITH FREE TV STREAMING SITES

The post below was first published on our Intellectual Property blog

ITV & Others v TVCatchup: CJEU Rules S.73 CDPA defence not applicable to online streaming of live broadcasts.

The CJEU has issued its ruling on the latest question referred to it in the long-running dispute between ITV (and others) and TVCatchup, as to whether Article 9 of the InfoSoc Directive permits the UK to retain the defence contained in section 73 of the Copyright, Designs and Patents Act 1988 (which permits retransmission of a broadcast by cable to users in the area to which the original broadcast was made). As such, TVCatchup cannot legally provide live streaming of free-to-air broadcasts via the internet in the UK.

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