Brexit and Conflicts of Laws

This article has been extracted from our “A litigator’s yearbook: 2019 (England and Wales)”. If you would like to read the full yearbook (which covers key developments relating to a range of topics including jurisdiction, privilege, contract law, settlement and various aspects of court procedure), it is available on our Litigation Notes blog. The most significant … 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

A no-deal Brexit: The implications for disputes

The post below was first published on our Litigation blog As we approach the deadline of 31 October, it is difficult to predict what will happen. But the prospect of a no-deal Brexit – either then or at some later date – remains a very real possibility. In this blog post we consider the implications of such … 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

Recent High Court decision casts doubt on whether EU27 courts will be able to defer to English court pursuant to exclusive jurisdiction clauses in some circumstances if “no-deal” Brexit

The post below was first published on our Litigation blog The High Court has held that there is no power under the recast Brussels Regulation to stay English proceedings against an English domiciled defendant in favour of proceedings in a non-EU court commenced pursuant to an exclusive jurisdiction agreement in favour of that court, unless … Read more

Upcoming Webinar: The Hague Choice of Court Convention 2005 and the Hague Judgments Convention 2019: When and how will they apply?

On Tuesday 23 July 2019 (1-2pm BST), Anna Pertoldi and Jan O’Neill will deliver the latest in our series of webinars for Herbert Smith Freehills clients and contacts spotlighting legal and practical issues relevant to litigating cross-border disputes. This webinar  will focus mainly on the Hague Convention on Choice of Court Agreements 2005 which applies … Read more

EU guidance on “no-deal” Brexit suggests increased risk Hague Convention on Choice of Court Agreements won’t apply to exclusive English jurisdiction clauses agreed pre-Brexit

The post below was first published on our Litigation blog As we have previously noted, there is some uncertainty over whether, following a “no-deal” Brexit, EU27 countries will apply the 2005 Hague Convention on Choice of Court Agreements where an exclusive English jurisdiction clause was agreed before exit day. This is sometimes referred to as … Read more