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ARTICLE · 10 SEPTEMBER 2019

No-Deal Brexit: Impact On Dispute Resolution

DLA Piper UK LLP
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While a range of outcomes, including a departure under the terms of the current Withdrawal Agreement, remains possible, it is important for businesses to plan for a no-deal Brexit.

United KingdomLitigation, Mediation & Arbitration
Jean-Pierre Douglas-Henry
Jean-Pierre Douglas-Henry
Paul Hardy
Paul Hardy

While a range of outcomes, including a departure under the terms of the current Withdrawal Agreement, remains possible, it is important for businesses to plan for a no-deal Brexit, in which the UK leaves the EU without a withdrawal agreement or other deal. Here we look at the potential impact of a no-deal Brexit on dispute resolution.

Current EU framework

Currently the UK is part of a harmonised EU legal system that includes cross-border frameworks dealing with jurisdiction, governing law and enforcement.

Implications of no deal

In the event of no deal:

Governing law

  • EU Member State courts will continue to recognise choice of law clauses, irrespective of where the contracting parties are domiciled, under the Rome I and II Regulations.

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