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For many years, commercial parties across the globe, and particularly in Europe, have preferred to enforce their English law-governed agreements, and resolve their disputes, in the courts of England. This combination has been selected for many good reasons, including: the independence and expertise of the English judiciary and the efficiency of the court process; and … Read more
The European Commission has adopted a proposal for the EU to accede to the 2019 Hague Judgments Convention, an international treaty which is aimed at facilitating the mutual recognition and enforcement of judgments in civil and commercial matters. In order for the EU to join the Convention, the Commission’s proposal will have to be adopted … Read more
The European Commission has presented a “note verbale” to the Swiss Federal Council as Depositary of the Lugano Convention regarding the UK’s application to accede to the Convention, submitted on 8 April 2020. This states that: “The European Commission, representing the European Union, would like to notify to you that the European Union is not … Read more
The European Commission has today released its anticipated communication to the European Parliament and the Council confirming the Commission’s view that the EU should not consent to the UK’s application to accede to the Lugano Convention. If this position is reflected in the EU’s formal response to the UK’s application, the UK will not be … Read more
There is continuing uncertainty over the question of whether the UK will be able to join the 2007 Lugano Convention, which governs questions of jurisdiction and the recognition and enforcement of judgments between the EU and Iceland, Norway and Switzerland. Together with the recast Brussels Regulation, which governs such questions as between EU Member States, … Read more
Despite the UK and EU having finalised a Trade and Cooperation Agreement to govern their trading and security relationship following the end of the Brexit transition period, there remain a number of uncertainties when it comes to commercial dispute resolution in cases involving the UK and the EU. In this post we look at some … Read more
With the end of the Brexit transition period rapidly approaching, we are still waiting to see whether the UK and the EU can reach an agreement on their future relationship from 1 January 2021. In fact, whether or not an agreement is reached has no direct impact on commercial dispute resolution. But the hope is … Read more
In the run up to the end of the Brexit transition period, we have produced a series of webinar videos which cover some of the key issues businesses face as they prepare for 1 January 2021, whether or not there is a new UK/EU trade deal. In addition to the webinar on jurisdiction and enforcement … Read more
As previously noted, the new Corporate Insolvency and Governance Bill, currently expected to be enacted in mid-June 2020, is likely significantly to impact many supplies of goods and services to companies that are or may be in financial distress. However, the effects are sufficiently far-reaching that they could impact the balance of rights in all … Read more
