Disputes

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 … Continue reading

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Filed under Disputes, UK-EU negotiations

UK publishes framework for UK-EU partnership on civil judicial cooperation

The post below was first published on our Litigation blog On 13 June, the UK government published a presentation setting out its proposals for continued judicial cooperation once the UK leaves the EU. The presentation is part of a series produced by … Continue reading

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SUPREME COURT TO CONSIDER LEGALITY OF DEVOLVED PARLIAMENTS’ BREXIT CONTINUITY LEGISLATION

The UK Government has referred two key pieces of Brexit legislation recently passed by the Scottish Parliament and Welsh Assembly to the Supreme Court. The devolved parliaments’ bills seek to ensure the continuity of EU law and in doing so … Continue reading

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DISPUTE RESOLUTION CLAUSES: PUTTING YOURSELF IN THE BEST POSITION

The post below was first published on our Litigation blog All too often, dispute resolution clauses may be treated as part of the boilerplate: the usual wording thrown in, with perhaps little thought for the particular circumstances. But the question of how … Continue reading

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Filed under ADR, Contract, 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, UK-EU negotiations

State-to-State Dispute Settlement under the EU’s latest draft of the Withdrawal Agreement: CJEU jurisdiction remains

The post below was first published on our PIL blog On 15 March 2018 the European Commission published a revised version of the draft Withdrawal Agreement between the EU and the UK previously published on 28 February 2018 following consultation with … Continue reading

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Filed under Disputes, Public international law, UK-EU negotiations

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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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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Filed under Arbitration, Disputes, Public international law, UK-EU negotiations

Cross-Border Litigation – international perspectives

The post below was first published on our Litigation blog We are pleased to publish the second issue of our periodic publication “Cross-Border Litigation”, designed to highlight legal and practical issues specific to litigation with an international aspect.

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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 Arbitration, Contract, Disputes, Public international law, UK-EU negotiations