A no-deal Brexit: The implications for disputes

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 an outcome for commercial litigation involving the English … Read more

High Court finds there is no power to stay English proceedings to give effect to exclusive jurisdiction clause in favour of non-EU court unless proceedings were commenced first in the foreign court

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 the foreign proceedings were commenced before the English proceedings: Gulf … 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

Article published – Exclusive English jurisdiction agreements agreed before no-deal Brexit may not come within Hague Choice of Court Convention

As we have previously reported, guidance recently issued by the European Commission suggests exclusive English jurisdiction agreements entered into between October 2015 and exit day may not, in the case of a no-deal Brexit, come within the Hague Convention on Choice of Court Agreements 2005. Anna Pertoldi has published a post on Practical Law’s Dispute … 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

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 the change of status risk, and it arises because … Read more

UK suspends accession to Hague Choice of Court Convention

On Friday last week (29 March 2019), the depositary for the 2005 Hague Convention on Choice of Court Agreements issued a notice communicating that the UK’s accession to the Convention is suspended until 13 April or 23 May 2019, depending on the date of the UK’s exit from the EU, following a declaration to that … Read more