BREXIT and English jurisdiction agreements:the post-referendum legal landscape

Ahmed, Mukarrum (2016) BREXIT and English jurisdiction agreements:the post-referendum legal landscape. European Business Law Review, 27 (7). pp. 989-998. ISSN 0959-6941

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Abstract

This article presents an early view of the impact of BREXIT on English jurisdiction agreements in international commercial contracts. It is almost certain that the Brussels I Recast Regulation will cease to apply in the UK after BREXIT and as a result the near automatic recognition and enforcement of English court judgments in the continuing EU (and Lugano Convention Contracting States) and vice versa will be in jeopardy. Contrary to some recent speculation, it is unlikely that the Brussels Convention will revive and the option to adhere to the Lugano Convention also does not seem to be viable for a newly ‘liberated’ UK. The article suggests practical solutions to minimise the litigation risk arising from English jurisdiction agreements in relation to the EU. Significantly, the Hague Convention on Choice of Court Agreements can be harnessed to regulate English exclusive jurisdiction agreements in relation to the EU in matters within the scope of the Convention. If the courts of a post-BREXIT EU Member State are seised in a case concerning an English exclusive jurisdiction agreement, Article 6 of the Hague Convention should accord deference to the elected forum.

Item Type:
Journal Article
Journal or Publication Title:
European Business Law Review
Additional Information:
Copyright © 2016 Kluwer Law International
ID Code:
82614
Deposited By:
Deposited On:
04 Nov 2016 10:32
Refereed?:
Yes
Published?:
Published
Last Modified:
07 Apr 2020 04:13