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Home > Country profiles > UK (England and Wales) > Articles > Article detail

Dispute Resolution in English Courts Post-Brexit

Sunday, 10th September 2018

"As Brexit negotiations rumble on between the European Union (EU) and the United Kingdom (UK), it remains uncertain how businesses will be affected on March 29, 2019. The English courts are no less immune to this uncertainty. 

For instance, a recent survey conducted by Thomson Reuters Legal suggested that business leaders were questioning whether London would remain the best option as a global centre for dispute resolution. More than a third (35 percent) of the businesses surveyed[1] had changed jurisdiction and choice of law clauses in their contracts in the last two years. A further quarter (25 percent) indicated that they intended to review such clauses if insufficient progress was made in negotiations regarding the mutual recognition of court judgments after Brexit. 

This uncertainty was reflected in July when the International Swaps and Derivatives Association (ISDA) announced that it was adding Irish and French law versions of the ISDA Master Agreement to the existing suite of English, New York and Japanese law options. This was said to offer options for institutions that wished to continue trading under the law of an EU member state post-Brexit, thus avoiding the risks for enforcement if English law was classified as being the law of a third country. "

Read in full:  

Language: English
Contact: Nick Curling and Paul Gair

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