21/12/2020

How can Twenty Essex assist with your urgent conflicts of law, jurisdiction and enforcement questions when the Brexit transition period ends?

At 23:00 GMT on 31 December 2020 the Brexit transition period will end. This means:

• The Brussels Recast Regulation will fall away.
• The UK will accede to the 2005 Hague Convention on Choice of Court Agreements (HCCH). However, this is confined to exclusive jurisdiction clauses and there is a risk that EU Member States’ courts will not apply the Convention to clauses concluded before 1 January 2021.
• Although the UK has requested to accession to the 2007 Lugano Convention, EU Member States have not yet consented.
• In the meantime, and subject to some new exceptions or where the HCCH will apply:
• • The courts will apply the common law rules and permission to serve out will be required.
  • There may be more opportunities to challenge jurisdiction, including on the grounds of forum conveniens.
  • Anti-suit injunctions will again be available to litigants seeking to enforce their dispute resolution agreement from parallel proceedings in the EU.

 

Twenty Essex is a leading commercial set on:

• Jurisdiction and the enforcement of judgments – The Recast Brussels Regulation and at common law.
• Choice of law – Rome I and Rome II Regulations and at common law.
• Applications for stays and injunctions including anti-suit injunctions and declarations concerning jurisdiction, service or enforcement of foreign judgments.

 

Barristers at Twenty Essex are experts on conflicts of law, jurisdiction and enforcement of judgments. We regularly appear before domestic courts and international tribunals across the commercial spectrum and provide analysis on the full range of risks and opportunities facing litigants and develop strategies to manage them.

For assistance with any of your urgent Brexit related queries on jurisdiction, conflicts of law and enforcement of judgments, please get in touch with your usual Twenty Essex contact or a member of our practice management team at any time.