July 03, 2019 Articles

Deal or No Deal: What Is the Likely Effect of Brexit on Key Areas of Dispute Resolution in the U.K.?

A how-to manual for navigating the complex road map for arbitration, recognition and enforcement of judgments as withdrawal from the European Union approaches.

By Steven Mash, Victoria Prince and Gerald Brent

What are the implications of Brexit—the United Kingdom’s (U.K.’s) anticipated departure from the European Union (E.U.)—and how deep an impression on the landscape of civil and commercial legal proceedings in the U.K. will Brexit create? These questions are front and center as the interrelations between English and E.U. law are redrawn. There surely will be implications for pan-European litigation regardless of whether or not the U.K. exits the E.U. on October 31, 2019, on the basis of a negotiated withdrawal agreement (the draft Withdrawal Agreement endorsed on November 25, 2018, with the other 27 E.U. member states (EU27)). That draft agreement provides for transitional arrangements which would expire on December 31, 2020 (the end of the transition period) or which likewise would expire if no deal is reached, at which point E.U. law automatically ceases to apply to the U.K.

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