The Lugano Clock Has Stalled: What Now For Dispute Resolution Clauses?

Since 1 January 2021, Regulation (EU) 1215/2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (Brussels Recast) and the 2007 Convention on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (Lugano Convention) no longer apply to the UK.  

There is no mechanism allowing the UK to accede to Brussels Recast in its own right.  Under the Lugano Convention however, the UK is entitled to apply for accession following certain conditions specified in Article 72.  Although the UK applied for accession in April 2020, it has not yet been "invited" to accede.  This is because, article 72(3) limits accession to the unanimous agreement of the contracting parties, namely Iceland, Norway, Switzerland, Denmark and the European Union (EU).  Iceland, Norway and Switzerland have consented to the UK's accession application.   The European Commission however,  recently notified the