Disputes

EU’s revised proposals for enforcement of judgments post-Brexit

The post below was first published on our Litigation blog On 15 March, the European Commission published a revised version of the draft withdrawal agreement it had previously published on 28 February 2018 (see our summary of the original terms relating to jurisdiction, … Continue reading

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Filed under Article 50, Disputes

Choice of law, jurisdiction and enforcement of judgments post-Brexit: No surprises in EU’s draft withdrawal agreement

The post below was first published on our Litigation blog So far as choice of law, jurisdiction and enforcement of judgments are concerned, the EU’s draft withdrawal agreement, published last week, is largely consistent with its previously declared negotiating position, as set out … Continue reading

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Filed under Disputes, UK-EU negotiations

State-to-State dispute settlement under the EU’s draft Withdrawal Agreement: CJEU jurisdiction not arbitration

The post below was first published on our PIL blog We have known for some time now that the UK and EU have very different views regarding the state-to-state dispute resolution mechanism to be contained in the Withdrawal Agreement between the EU … Continue reading

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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 Contract, Disputes, 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 Disputes, UK-EU negotiations, Uncategorized

UK Government releases Brexit Enforcement and Dispute Resolution paper

Another paper has been released by the UK Government. This latest paper looks at possible future options for enforcement and dispute resolution mechanisms in relation to the Withdrawal Agreement, and the arrangements to be agreed for the future relationship between … Continue reading

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Filed under Disputes, UK-EU negotiations

UK GOVERNMENT RELEASES PAPER ON CIVIL JUDICIAL COOPERATION FRAMEWORK

The UK Government has released a paper addressing the UK’s position on cross-border judicial cooperation with the EU following Brexit. It also responds to an EU paper on some of the same issues from June 2017. We commented on the … Continue reading

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Filed under 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

FINANCIAL LIST JUDGES EXPECT BREXIT PROCESS TO GIVE RISE TO NEED FOR FINANCIAL MARKETS TEST CASES

The post below was first published on our Litigation Notes blog. The Financial Markets Test Case pilot scheme, which was due to end in September this year, is to be extended for a further three years. The scheme will also … Continue reading

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Filed under Banking & asset management, Disputes, Finance

BREXIT – IMPLICATIONS FOR THE ENFORCEMENT OF JUDGMENTS

The UK’s pending exit from the European Union has led some to question whether its status as a leading global dispute resolution center could be affected, an issue particularly relevant to the international firms that call it home and the … Continue reading

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Filed under Disputes