New Brexit Legal Guide section available: Disputes

The updated Disputes section of our Brexit Legal Guide is now available. This provides a useful overview, amongst other things, as to whether: EU law will continue to apply to and in the UK during the transition period; the current rules on both jurisdiction and enforcement of judgments under the recast Brussels Regulation and Lugano Convention will apply where … Read more

Dispute resolution choices for banks and financial institutions in a post-Brexit world: opting for arbitration?

The post below was first published on our Arbitration blog Partner Andrew Cannon and Senior Associate Hannah Ambrose have authored an article for Butterworths Journal of International Banking and Financial Law, discussing the suitability of arbitration as a dispute resolution mechanism for banks and other financial institutions post-Brexit. The article explores the current uncertainty surrounding … Read more

Updated Brexit Legal Guide launched

Today our updated Brexit Legal Guide was released. Below is a message from our Chair and Senior Partner James Palmer which accompanied the updated guide. Dear clients and professional colleagues, The outcome of the June 2016 UK referendum on EU membership ushered in a period of increasing political turmoil in the UK. When I wrote … Read more

New podcast – Brexit: dispute resolution between the EU and the UK, under the withdrawal agreement and in the event that there is “no deal”

The post below was first published on our PIL blog At a critical time in the Brexit negotiations, in the latest podcast on the Herbert Smith Freehills Podcast channel, Andrew Cannon and Hannah Ambrose discuss dispute resolution between the UK and the EU. They look at the way in which the withdrawal agreement may be enforced, … Read more

EIGHT MONTHS TO BREXIT: IS YOUR BUSINESS PREPARED?

As the clock ticks down to 29 March 2019, the UK and the EU are stepping up their preparations for the possibility of a “no-deal” outcome. From a corporate governance and risk management perspective, businesses that have not done so already should carry out a Brexit assurance process in order to identify all Brexit-related risks … Read more

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 … Read more

PRC SIGNS THE HAGUE CONVENTION ON CHOICE OF COURT AGREEMENTS: A STEP FORWARD IN THE RESOLUTION OF CROSS-BORDER LITIGATION

The post below was first published on our Arbitration blog On 12 September 2017, the People’s Republic of China (PRC) signed the Hague Convention on Choice of Court Agreements (Convention).  The Convention, in force since 1 October 2015, seeks to provide certainty in cross-border litigation by allowing parties to choose the exclusive court in which any … Read more

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 the Court of Justice of the European Union (CJEU) to determine the enforcement of rights … Read more